What procedures are required for divorce from a foreigner?

Hello. I am a divorce specialist attorney at Daeryun Law Firm.

Since divorce from a foreigner is a marital relationship that includes international elements, it must be conducted by comprehensively reviewing the jurisdiction court, applicable law, and whereabouts of the other party.

First, as in your case, if marriage registration has been completed but the spouse has left home immediately after marriage and contact has been cut off for a long time, it may constitute malicious abandonment under the Civil Act or a serious reason that makes it difficult to continue the marriage.

To divorce, the marital relationship will be settled through judicial divorce procedures rather than divorce by agreement.

The most common concern in divorce from a foreigner is "whether divorce is possible in Korean courts." In principle, if even one of the spouses has an address or place of residence in the Republic of Korea, and the substantial relevance of the marital life is in Korea, Korean courts may have jurisdiction.

If you reside in Korea and the marriage registration was also completed in Korea, even for divorce from a foreigner, it is possible to file a divorce lawsuit in the Korean family court.

Additionally, even if the other party is overseas or whereabouts are unclear, divorce is not impossible.

The court can proceed with the trial by deeming that the other party has been notified that the lawsuit is in progress through a procedure called service by publication.

In fact, in cases where the spouse returned to their home country or cut off contact after international marriage, there are quite a few cases where divorce judgments were obtained through service by publication.

However, in divorce from a foreigner, ▲possibility of marriage invalidity or cancellation, ▲the other party's purpose of marriage, ▲problems in the international marriage brokerage process, ▲possibility of connection with residency status or immigration issues must also be reviewed together.

In particular, if there are circumstances suggesting that there was no intention to marry from the beginning, claims of marriage cancellation or marriage invalidity, rather than divorce, may also be subject to review.

To divorce, it is important to accurately set the jurisdiction, applicable law, and method of service in advance, beyond simply proceeding with procedures.

Your case has sufficient room to proceed with judicial divorce in Korean courts, and even if contact with the other party is cut off, it is procedurally possible to conclude the divorce.

Due to the nature of international cases, if jurisdiction, applicable law, and method of service are not accurately set from the early stages, the procedure can be prolonged. So if you wish to divorce from a foreigner, we recommend strategically proceeding with the assistance of a divorce specialist attorney.

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