CONTENTS
- 1. The Client's Situation
- 2. The Statutes Relating to the Case, Explained by the Pyeongtaek Divorce Attorney
- 3. Matters of the Pyeongtaek Divorce Attorney's Assistance
- - The Pyeongtaek Divorce Attorney's Argument | Failure to Perform Marital Duties
- - The Pyeongtaek Divorce Attorney's Argument | Marriage for a Visa
- 4. The Result of the Pyeongtaek Divorce Attorney's Defense
1. The Client's Situation
This is the account of a client.
The client had been working at a tourism-related company some ten years ago.
At the time, the client came to be in a relationship with a person from Southeast Asia who had joined the company as an intern, and after a strong courtship by the other party, they married just six months into the relationship.
However, after the marriage was registered and the marriage visa was issued, the other party suddenly left the country, saying they needed to visit their home country, and after that, even upon returning to Korea, did not come to the client's home.
After that, the other party would not even say where they were and went several years without answering the client's calls, contacting the client only when it was time to extend the visa.
The client, who valued the marriage, endured as long as possible, but, feeling there was no longer any meaning to it, decided on divorce and came to the Pyeongtaek divorce attorney to obtain legal assistance.
2. The Statutes Relating to the Case, Explained by the Pyeongtaek Divorce Attorney
An international marriage means, literally, a marriage between a man and a woman of different nationalities, and in this case the marriage is governed by the Act on Private International Law.
Afterward, if an international divorce is pursued, as in the client's case, that too must follow the Act on Private International Law, but if even one of the parties is living in the Republic of Korea, domestic law may apply.
The statutes relating to international marriage or divorce are as follows.
(1) The requirements for the formation of a marriage are governed, with respect to each party, by that party's national law.
(2) The method of marriage is governed by the law of the place where the marriage is performed or the national law of one of the parties. However, where a marriage is performed in the Republic of Korea and one of the parties is a national of the Republic of Korea, the law of the Republic of Korea applies.
And if, as in the client's case, the other party's place of residence is unknown and the other party will not answer calls, divorce can be achieved through the 🔗judicial divorce procedure, that is, divorce litigation.
If an international divorce is pursued through divorce litigation, the following procedure is followed.
2. Review of the complaint
3. Service of a copy of the complaint
4. First date for oral argument
5. Additional dates for oral argument (family investigation and intensive examination of evidence, including witnesses)
6. Conclusion of oral argument
7. Pronouncement of judgment
When pursuing an international divorce, the divorce process and the division of marital property involve many more procedural matters to confirm than an ordinary divorce, so it is recommended to seek the advice of an attorney with extensive experience in related cases.
3. Matters of the Pyeongtaek Divorce Attorney's Assistance
After conducting a detailed consultation with the client, the Pyeongtaek divorce attorney gathered materials to prove the defendant's irresponsible conduct during the marriage and presented a defense.
The Pyeongtaek Divorce Attorney's Argument | Failure to Perform Marital Duties
As soon as the defendant obtained the visa after the marriage was registered, the defendant left home and did not even once properly inform the client of the circumstances or appear.
The defendant, without justifiable reason, abandoned and failed to perform the duty of spouses to cohabit, support, and cooperate with each other, so the entire cause of the breakdown of the marriage lay with the defendant.
The Pyeongtaek divorce attorney accordingly argued that it was difficult to maintain the client's marriage any longer.
The Pyeongtaek Divorce Attorney's Argument | Marriage for a Visa
The defendant had no will at all for the mental and physical union recognized socially as that of spouses, yet contacted the client to extend the visa whenever it was necessary to maintain the marriage visa.
From this, it could be seen that the reason the defendant married was merely to reside in Korea.
The Pyeongtaek divorce attorney argued that the use of marriage as a means of residing abroad should be brought to an end.
4. The Result of the Pyeongtaek Divorce Attorney's Defense
The court, accepting the Pyeongtaek divorce attorney's argument, issued a judgment stating, "The plaintiff and the defendant shall divorce. The costs of the litigation shall be borne by the defendant."
In the case of an international divorce as well, if the parties are residing in Korea, they can reach a divorce, just as in an ordinary divorce, through 🔗divorce by agreement and the conciliation divorce procedure.
However, if, as in the client's case, the other party's place of residence is unknown and contact cannot be made, the judicial divorce procedure must be used, so the process can become lengthy and complicated.
At Daeryun Law Firm, we assist with even the fine details of the international divorce process and respond so that there is no disadvantage in the division of marital property or consolation money.
If you are considering an international divorce, we invite you to obtain prompt consultation through an 🔗attorney referral.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
