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Q

International divorce attorney, which country's law applies when divorcing a foreign spouse?

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While driving through a school zone, I couldn't avoid a child who suddenly ran out and we collided. After contacting the parents of the injured child from the school zone traffic accident and checking the child's condition, they were diagnosed with about 5 weeks of treatment needed. If a school zone traffic accident occurs, am I unconditionally punished even if I settle? What punishment applies for school zone accidents?

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A

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Hello. This is an international divorce attorney from Daeryun Law Firm (LLC).

If one of the spouses is a Korean national with habitual residence in Korea, divorce follows Korean law.


The legal standards for divorce vary depending on several factors.


It mainly follows the nationality and place of residence of the couple, and the law of the country with which the couple is most closely connected.

Simply put, the law applied when proceeding with divorce is determined in the following order.

First, the same national law of the couple.

If both have the same nationality, that country's law may apply.

Second, the same habitual residence law of the couple.

The law of the country where they mainly reside may apply at the time of divorce.

Lastly, the law of the place most closely connected to the couple.

Comprehensively considering the relationship and circumstances of the couple, the law of the country with closer ties may apply.

However, for details, it is good to consult with an international divorce attorney to confirm the exact legal procedures and applicable laws.

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