Changwon Divorce Litigation Attorney | Obtaining a Divorce Judgment Against a Foreign Wife Who Disappeared

2024.12.30김국일

The attorney represented a client who, stating that his foreign wife had disappeared, sought a divorce litigation attorney in order to obtain a divorce judgment. The attorney obtained a divorce judgment.

1. The Client's Situation

This is the account of the client and requested a consultation in person.

About three years ago, the client came to know, through his church, a Thai woman who said she wished to marry a Korean man.

The client explained that, after several video calls with the woman, he registered the marriage.

Although the marriage had been registered, the wife did not obtain a marriage visa and visited Korea only about once or twice a year on a tourist visa.

A few months ago, when the wife met the client for the first time in a year, she demanded an expensive bag and also demanded money, saying that she needed it.

When the client refused, she flew into a rage and went so far as to threaten that she would kill herself.

The wife then returned to Thailand, sent the client a farewell message with the tone of thanking him for everything, and has since disappeared.

The client, concluding that he could no longer maintain the marital relationship with his wife, came to the attorney to seek assistance.

2. The Changwon Divorce Litigation Attorney Explains International Divorce

The client married a Thai wife but was unable to maintain a proper married life.

Because he had decided to divorce a foreigner rather than a Korean national, he had to go through the international divorce procedure.

Family Litigation Act, Article 13 (Jurisdiction) (2) If jurisdiction is determined according to the domicile, residence (居所), or last domicile of a party or interested person, and that domicile, residence, or last domicile is not within the country or cannot be ascertained, the family court of the place where the Supreme Court is located shall have jurisdiction.

Under the Family Litigation Act, where the wife's domicile, residence, or last domicile is not within the country or cannot be ascertained, the family court of the place where the Supreme Court is located is provided to have jurisdiction.

Act on Private International Law, Article 64 (General Effects of Marriage) The general effects of marriage shall be governed by the law in the following order of priority.

1. The same national law of the spouses

2. The same law of the spouses' habitual residence

3. The law of the place most closely connected with the spouses

Act on Private International Law, Article 66 (Divorce) Article 64 shall apply mutatis mutandis to divorce. However, where one of the spouses is a national of the Republic of Korea who has a habitual residence in the Republic of Korea, the divorce shall be governed by the law of the Republic of Korea.

Because the client was a national of the Republic of Korea with a habitual residence in the Republic of Korea, he could proceed with the 🔗judicial divorce procedure under the law of the Republic of Korea.

🔗If you would like to know about an attorney's assistance with international divorce?

3. The Divorce Lawsuit Filed by the Changwon Divorce Litigation Attorney

The attorney argued the following and requested that a divorce judgment be issued between the client and his wife.

The Changwon Divorce Litigation Attorney: "The Married Life Was Not Substantially Carried On"

The attorney emphasized that the married life between the client and his wife had not been substantially carried on.

After registering the marriage with the client, the wife obtained only a short-term tourist visa and showed no intention whatsoever of carrying on a married life with the client.

The period during which the client and his wife lived together was about three months, and the marriage was not substantially carried on.

The Changwon Divorce Litigation Attorney: "The Wife Cut Off Contact with the Client and Disappeared"

The attorney emphasized that the client's wife had cut off contact with the client and disappeared.

After sending the client a farewell message, the wife took no contact at all and disappeared in Thailand.

The attorney requested that a divorce judgment be issued, arguing that the client's wife appeared to have no intention of continuing the married life with the client, and that the married life of the client and his wife had already broken down.

4. The Judgment Led by the Changwon Divorce Litigation Attorney

The court, having heard the attorney's arguments, issued a judgment stating, "The plaintiff and the defendant shall divorce."

The client came to the attorney in order to divorce his Thai wife.

He had thought that the procedure for divorcing a foreigner would not be easy, but he stated that, thanks to the attorney, he was able to obtain a divorce judgment promptly.

If you have concerns about a legal issue involving a foreigner, as the client in this case did, you may at any time request a 🔗attorney referral and request a consultation.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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