Short answer. You do not choose. Article 22 of the Family Litigation Act makes jurisdiction over a judicial divorce exclusive and sets five rules that apply in order. The rule that decides most cases is the second one: the family court for the district where the couple last had a common address, if either spouse still has a general venue there.
Article 22 ranks the courts, in order
Jurisdiction is exclusive, which means the parties cannot agree to move the case and a court without jurisdiction has to transfer it.
The five rules apply in sequence. First, where both spouses have their general venue within the same family court district, that court. Second, where the couple last had a common address and either spouse still has a general venue in that district, that court. Third, where neither of those applies and one spouse sues the other, the court for the respondent general venue. Fourth, where one spouse has died, the court for the surviving spouse. Fifth, where both have died, the court for the last address of either.
Family Litigation Act, Article 22. Act No. 20432, in force from 1 January 2026.
Why the second rule catches foreign residents
General venue normally follows address. Foreign residents move more often than Korean nationals do, and a registered address change does not reset the second rule: as long as one spouse still has a general venue in the district of the last common address, that court keeps the case.
In practice this means the court is often the one where the marriage was lived, not the one nearest where you live now. Filing in the wrong court is not fatal, but it costs weeks while the file is transferred.
What this answer does not cover
This is about which Korean family court hears the case. Whether a Korean court has jurisdiction at all when one spouse lives abroad is a different question, decided under different rules, and it is answered separately.
What to do
- Work out the last address the two of you shared, with the district it sits in.
- Check whether either of you still has a registered address in that district.
- If the answer to both is no, the respondent address decides it.
- Confirm jurisdiction before you pay the filing fee rather than after.
Related
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Do I have to go through mediation before a contested divorce in Korea?
How are divorce papers served on a spouse outside Korea?
How long does a divorce take in Korea?
Divorce and family law answers
All Korean law answers
Full guide: Divorce in Korea for foreigners
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Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.
Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 13 September 2026.