Judicial Divorce Litigation | Establishment of Divorce for an International Marriage Client After Judicial Proceedings

The client, who filed for a judicial divorce, had met the spouse abroad and continued married life there.

However, the happiness did not last long because of differences in personality.

While continuing to live separately from the spouse, the client returned to Korea due to a visa issue.

Currently the client and the spouse have no contact whatsoever, and there were no contact details, so the client was unable to request a divorce.

The client therefore decided on a judicial divorce and requested assistance from a divorce specialist attorney.

Therefore, while a person residing in the country may divorce under the statutes of the Republic of Korea, it should be kept in mind that foreign law may apply depending on the country of residence or the period of stay.

Even if a divorce lawsuit is filed in a foreign court and a divorce judgment is obtained, the divorce does not immediately take effect domestically.

For a divorce to be recognized domestically, the following requirements must be satisfied.

The divorce law attorney argued that, because the client was carrying on daily life in Korea, the statutes of the Republic of Korea should apply.

The client had not actually resided abroad for a long period and was currently back in Korea, living in Korea.

On this basis, the attorney was able to emphasize that the divorce litigation should be prepared under the law of the Republic of Korea.

The divorce specialist attorney argued that the client's grounds for divorce met the requirements for judicial divorce.

The client returned to Korea after the separation, and thereafter contact with the spouse was lost.

It could be shown that, with no contact possible with the spouse, the marital relationship could no longer be maintained.

This was the case of a client who experienced difficulties with a divorce from a foreign national spouse, but completed the divorce through a divorce litigation.

As shown here, a divorce involving a foreign national may feel complicated because the country whose laws apply can vary depending on various factors such as nationality, country of residence, and habitual residence.

For this reason, rather than preparing alone, it is advisable to prepare for the divorce with the assistance of an attorney specializing in divorce who can provide legal advice.

At Daeryun Law Firm, attorneys who have handled numerous divorce lawsuits form a task force and provide tailored assistance for each client's case.

If, as in the client's case, you have decided on a divorce litigation, please request assistance from an attorney specializing in divorce through a 🔗legal consultation reservation.