Deals & Cases
Judicial Divorce Litigation | Establishment of Divorce for an International Marriage Client After Judicial Proceedings
The client, who decided on a contested divorce litigation, had entered into an international marriage but experienced difficulties in the divorce process. To obtain legal advice, the client requested assistance from a specialist attorney who has handled many divorce litigation cases.
1. The Client Who Decided to Pursue Judicial Divorce Litigation

The client, who decided to file divorce litigation, had difficulty obtaining a divorce after an international marriage but was able to obtain a divorce through the assistance of a specialist attorney who has handled many divorce litigation cases.
The Circumstances Leading to the Decision to File for Divorce
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.
2. Judicial Divorce Litigation: What Is the Case-Related Information?

As in the case of the client who decided on a divorce litigation, if you have decided to divorce after marrying a foreign national, which country's law should govern the divorce?
Divorce involving a foreign national is set out in the Act on Private International Law.
Divorce from a Foreign National: What Are the Relevant Statutes?
The general effect of marriage shall be governed by the law in the following order of priority.
1. The same national law of the spouses
2. The law of the same habitual residence of the spouses
3. The law of the place most closely connected with the spouses
Article 64 shall apply mutatis mutandis to divorce.
Where one of the spouses is a national of the Republic of Korea with a habitual residence in the Republic of Korea, the divorce shall be governed by the law of the Republic of Korea.
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.
What If a Divorce Lawsuit Has Been Filed in a Foreign Court?
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.
② The defendant who lost must have been served with the complaint or order in an appropriate manner and with sufficient time, or, even if not served, must have responded to the litigation
③ The procedure and manner of the judgment must not be contrary to the good morals or social order of the Republic of Korea
④ There must be a mutual guarantee, or the requirements for recognition of judgments between the Republic of Korea and the country concerned must not be out of balance and must have no substantial difference
3. Areas of Assistance for Judicial Divorce Litigation
To support the client, who had decided to pursue contested divorce litigation, the divorce law specialist attorney analyzed precedents similar to the client's case and the relevant statutes.
The attorney also reviewed the client's case together with attorneys who had handled numerous divorce litigation cases in order to obtain the divorce.
Divorce Specialist Attorney's Assistance ① The Client's Place of Residence
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.
Divorce Specialist Attorney's Assistance ② Recognition of Grounds for Judicial Divorce
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.
4. Result of the Judicial Divorce Litigation Assistance: “Establishment of Divorce”
As a result of the divorce specialist attorney's assistance in the divorce litigation, the court rendered a judgment granting the divorce.
The client expressed gratitude, saying that the divorce litigation could be concluded thanks to the divorce specialist attorney's assistance.
If You Have Decided to File for Divorce
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.
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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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