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Civil Act — Article 836-2 (Procedure of divorce)

민법 제836조의2

(1) Any person who intends to get a divorce by agreement shall have a guidance on divorce provided by the Family Court and, if necessary, the Family Court may recommend to take counsel with a professional counselor who has expertise and experiences in counseling.

(2) The party who filed an application for the confirmation of intention to divorce with the Family Court may have the confirmation of intention to divorce after the periods, prescribed by the following subparagraphs, have passed since the day of having such guidance referred to in paragraph (1):

1. Three months, if the party has any child to take care of (including an unborn child; hereafter the same shall apply in this Article);

2. One month, if not falling under subparagraph 1.

(3) The Family Court may exempt the party from or reduce the period under paragraph (2), when there are such urgent circumstances to proceed a divorce as the party's unbearable suffering may be expected due to domestic violence.

(4) The party who has any child to take care of shall submit the documents of agreement on fostering under Article 837 and decision of custody under Article 909(4) or the original copy of adjudication of the Family Court under Articles 837 and 909(4).

(5) The Family Court shall establish a child support order to confirm the details of child support agreed between parties. In such cases, with respect to the effect of the child support order, Article 41 of the Family Litigation Act shall apply mutatis mutandis. <Added on May 8, 2009>[This Article Added on Dec. 21, 2007]

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