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Understanding how custody disputes differ in California and Korea is essential. Although fathers can have custody in California, most cases will give the mother primary custody. Usually, dads get the weekends while moms look after the children during the week. In Korea, however, the father typically has full custody, and the children live with him. When a couple in California divorces, even if separated, they still will co-parent their kids by staying in contact and making decisions about their children together, which can help make the situation smoother. But in Korea, it’s often a very hostile environment. The couple may act like enemies, and it can make everything worse. It's a challenging situation for everyone involved. I want to remind people that you don’t have to be enemies even after a divorce, especially when kids are involved. It’s challenging, I know, but staying on good terms can help make raising kids together easier. In Korea, it’s tough for women to get a divorce if children are involved because they risk losing custody. Sometimes, a woman may want to leave her husband, but if the husband wants to take the kids, she has no choice but to agree, or the divorce can't happen. That makes divorce an incredibly tough decision, especially for women. And unlike in Korea, in California, both parties can file for divorce without the other’s consent. That’s huge—it means you don’t have to worry about losing your children in the process. This is precisely what I’ll be talking about on my radio show—helping people understand the differences between Korean and Californian law, especially how the laws here empower people more than they might realize. It can make a real difference in how people approach divorce. I’m excited to share these insights with the community. My goal at the Law Office of Michelle Choe is to empower, educate, and support people navigating the complexities of family law, particularly those unfamiliar with California's legal system. We are here to offer support at every stage since we recognize immigrant families' particular difficulties. You deserve to be informed and supported, regardless of whether you're thinking about getting a divorce, are having custody issues, or are unsure of your rights. We are here to help you move forward with assurance and peace of mind since you are not alone.
One important thing to understand—especially for members of the Korean community living in California—is how drastically different divorce law is here compared to Korea. California is a very liberal state when it comes to divorce. It’s a no-fault state, which means you don’t need to prove wrongdoing by your spouse to file. You can file for divorce simply because you want to; no explanation is needed. In most cases, it doesn’t negatively affect how assets are divided. While child custody may still be a factor, fault generally doesn’t play a role. However, in Korea, divorce is much more complicated. If one spouse doesn’t agree to the divorce, the other can't file for it—so people often end up stuck in marriages they no longer want. It’s a difficult situation. And if there’s an affair involved, the spouse who was cheated on can even sue the person their spouse had an affair with. In Korea there’s a law that actually allows for that. It might sound strange, but it’s a real part of the legal landscape. Many Korean immigrants still carry that mindset with them. So, when they need to file for divorce in the U.S., they often have no idea they can—even if their spouse disagrees. Some don’t even realize they can take legal action independently. I’m passionate about changing that. Starting next month, I’ll be speaking about these issues on a radio show. My goal is to educate our community about their rights and empower them to take action when needed. I’m expecting a lot of calls, and I’m looking forward to those conversations. My goal is to empower people—especially women in our Korean community—who may not realize they have legal rights and options here in California. Whether it’s divorce, personal injury, or any family law matter, you deserve to be treated with respect and to receive the care and support you need. Through my upcoming radio show and my work at The Law Office of Michelle Choe, I hope to provide the guidance and clarity that many people are missing. You don’t have to stay silent, and you don’t have to go through it alone. If you or someone you know has questions or needs help navigating a legal issue, don’t hesitate to reach out. I’m here to help.
As a divorce attorney, my role goes beyond handling legal filings. I strive to be an advocate for my clients. I want to listen to their stories and help them understand whether their struggles are emotional challenges that can be worked through or if divorce is truly the right decision. Sometimes, people want a divorce because their spouse doesn’t listen to them or comes home late. But in those cases, the issue may be communication, not an irreparable marriage. A conversation, effort, and understanding can go a long way in resolving those frustrations. However, when deeper issues arise—such as addiction, abuse, or betrayal—the situation changes. Many people come to me uncertain about whether they should file for divorce. They feel trapped, unable to see a way forward. Sometimes, I want to tell them outright: You deserve better. You deserve freedom and a life where you are valued and safe. But I also understand it’s a deeply personal decision; my role is to just listen, guide, support, and provide a realistic perspective when my clients ask for one. There’s a stark difference between minor frustrations and serious, toxic situations. A bad day in a marriage is not the same as enduring constant emotional or physical harm. A disagreement about household responsibilities is different from a spouse who repeatedly puts children in danger due to reckless behavior. Infidelity, financial irresponsibility, and neglect are real issues that can make a marriage unsustainable. Divorce is never an easy decision, but there is life on the other side of it. There is relief, renewal, and the chance to build a future free from dysfunction. My job is not just to prosecute a case but to listen, advocate, and help my clients see the possibilities ahead. I am here to support them throughout the process with legal knowledge and sincere concern, whether that means fighting for a just settlement or providing comfort during a trying time. If you face uncertainty about your marriage, know you don’t have to navigate it alone. The Law Offices of Michelle Choe are here to listen, advocate, and help you take the following steps toward the future you deserve.
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