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법률칼럼Legal Insight2026. 05. 19

How to win an international divorce lawsuit

  When two people of different nationalities marry and begin living together, they are bound to face various challenges.   In particular, when a foreign woman relocates to Korea to build a family with her Korean husband, she often must endure a range of difficulties—such as limited job opportunities and adjusting to an unfamiliar living environment.   While she may have chosen life in a foreign country out of deep love for her husband, the reality of day-to-day life can bring unexpected hardships, and over time, that love may begin to fade.   As a result, there has been a noticeable increase in cases where foreign spouses engage in infidelity while married to Korean husbands.   The case we’re sharing today involves a Korean husband seeking a divorce and alimony after discovering that his Chinese wife had an affair.   If you can no longer tolerate your foreign spouse’s infidelity, you will eventually need to proceed with an international divorce lawsuit.  
Because divorcing a foreign national involves complicated issues related to visas and immigration status, it is crucial to work with a lawyer who specializes in international divorces, not just a general divorce attorney.
 

Contents

1.Case Study: International Divorce caused by infidelity
2.I want to claim alimony through a international divorce lawsuit
3.Result of the International Divorce case
4.How to successfully proceed International Divorce lawsuit
 

1.Case Study: International Divorce caused by infidelity

The client who visited Majung is a Korean man in his 40s seeking a divorce from his Chinese spouse and requested legal assistance for both the divorce proceedings and a claim for alimony (compensation for mental distress).     Here are the details of his case: About three years ago, the client met a Chinese woman, and after dating for a period of time, they got married.   Due to work-related reasons, his wife, who holds Chinese citizenship, frequently traveled back and forth between Korea and China even after their marriage. As a result, the couple had to spend long periods apart.   Despite the physical distance, they maintained regular contact, so the husband had no reason to suspect infidelity.   However, after his Chinese wife eventually moved to Korea and they began living together, the client started to notice strange behavior from her.   He witnessed her making frequent secret phone calls, and also noticed that her attitude toward him had changed significantly compared to before.   While still only suspicious, the husband happened to check his wife’s smartphone, where he found numerous photos of her with another Chinese man, along with a large volume of text messages.   Feeling deeply betrayed by his spouse, the client ultimately decided to pursue a divorce and sought compensation for the emotional damage he had suffered.   Accordingly, he contacted Majung Law Firm, which specializes in foreign-related legal matters, to receive legal support for the divorce lawsuit and alimony claim.    

2.I want to claim alimony through a international divorce lawsuit

Through Majung’s expertise in resolving cases, if you wish to file for divorce due to international divorce issues or infidelity by a foreign spouse, the most important factor is to prove that the spouse is responsible for the breakdown of the marriage.   Majung took the following measures to help the client successfully receive alimony from the spouse:  
A. Securing evidence of infidelity
First and foremost, concrete evidence of the spouse’s affair was thoroughly gathered to support the claim of infidelity.
This included collecting message logs between the Chinese wife and her lover, photos taken together, and the spouse’s credit card usage records.  
B. Asserting the client’s efforts
The client also asserted that despite the spouse’s infidelity, he made every effort to maintain the marriage.
It was emphasized that even after becoming aware of the affair, the client tried to resolve the situation amicably through dialogue, but due to the spouse’s unreasonable behavior, he ultimately decided to divorce.  
C. Claiming emotional distress
The significant emotional trauma suffered by the client due to the betrayal by his trusted spouse was also strongly argued.
  On this basis, Majung firmly insisted that alimony must be awarded by the foreign spouse who caused the collapse of the marriage and led to the divorce.    

3.Result of the International Divorce case

As a result of Majung’s vigorous legal defense, the court accepted the client’s claims and made the following ruling: The plaintiff and defendant are to proceed with a divorce. The defendant was ordered to pay the plaintiff 30 million KRW in alimony.    

4.How to successfully proceed International Divorce lawsuit

In an international divorce lawsuit, in order to receive alimony from an unfaithful spouse, it is essential to clearly prove that the breakdown of the marriage was caused by the other party.  
A.It is crucial to thoroughly secure evidence of the affair and respond strategically.
With the help of a lawyer experienced in adultery-related cases, you must meticulously gather evidence such as call records, text messages, and photographs to prove your spouse’s fault.   If you’ve been betrayed by a foreign spouse’s infidelity, the sense of betrayal and anger can be overwhelming.   However, simply enduring the situation will not lead to any improvement.   If living with your spouse is no longer an option, promptly deciding to file for an international divorce may be a practical solution.  
B.Unlike domestic divorces, international divorce lawsuits involve multiple legal procedures and considerations.
It is highly recommended to work with a legal expert who has extensive experience handling foreign-related divorce cases to carry out the process in a systematic manner.   At Majung, we provide a one-stop solution with a team that includes family law-certified attorneys and lawyers with immigration office experience, helping you not only win your divorce case, but also navigate complex residency issues involving your foreign spouse.   Foreign Specialized Support at Majung Foreigner Center Multilingual consultation available in English and Chinese. Professional interpreters assist from the first consultation to the conclusion of the case. Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju   Don’t face the legal system alone. Let Majung fight for you!    

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