"When you actually begin the process, international divorce is far more complicated than expected."
The application process for international divorce involves not only issues like property division and child custody, but also matters such as visa extension and changes to residency status, requiring a comprehensive legal approach.
These complexities increase depending on whether the other party’s residence is known or if they can be contacted. In particular, if your spouse is living overseas or cannot be reached, the divorce proceedings must go through a public notice service (service by publication) in order to comply with international divorce procedures.
This process is not just about submitting documents—it also requires evidence to meet specific legal conditions and approval from the court.
Even after the divorce ruling, there may be additional administrative steps, such as reapplying for residency status. Therefore, it's safest to seek help from a lawyer who is well-versed in both family law and immigration procedures.
Contents
1. International Divorce: What Are the Different Methods and Procedures?
2. What Are the Criteria for Property Division and Child Custody in an International Divorce?
3. What Should You Do If Your Spouse Is Missing?
4. International Divorce from an Unreachable Spouse: Real Case Resolved Through Public Notice Service
5. We Resolve International Divorce and Residency Issues Together
1. International Divorce: What Are the Different Methods and Procedures?
When you decide to end your marriage with a foreign spouse, there are two main procedures you can follow. One is the “mutual agreement process”, and the other is the “litigation process” when the parties cannot reach an agreement and need the court’s decision.
01. Mutual Agreement Process
If both parties agree to file for an international divorce, the process can be finalized without a court ruling by submitting a written agreement.
During this process, matters such as alimony, property division, and child custody can be negotiated together. However, to prevent future disputes, it’s advisable to formalize the agreement through notarization or another official document.
In reality, mutual agreement between international couples is often difficult due to various circumstances. As a result, many cases eventually proceed through the court.
02. Litigation Process
If mutual agreement cannot be reached or one party refuses to consent, the case must be brought before the court to determine whether a divorce should be granted and how to resolve related issues.
The grounds for divorce must fall under those specified in Korean civil law, including:
- Adultery by a spouse
- Malicious desertion (leaving without just cause)
- Abuse or mistreatment by the spouse or their direct relatives
- The spouse being missing for more than 3 years
- Other serious reasons making it difficult to continue the marriage
In the litigation process, it’s crucial to present objective and sufficient evidence to prove these grounds. The outcome can be significantly influenced by the assistance of an experienced legal expert who is skilled in gathering evidence, submitting documents, and handling legal arguments.
2. What Are the Criteria for Property Division and Child Custody in an International Divorce?
In international divorce cases, property division and child custody are extremely important issues, as they have a direct impact on the financial stability of the parties and the future of the children.
01. Property Division
Thinking "We’ll just split everything 50/50" or "I contributed more, so I should get more" may seem reasonable, but the actual outcome of property division can be quite different.
The court takes into account not only the length of the marriage but also various factors such as each spouse’s contribution to the accumulation of assets, and the value of any property owned before the marriage.
Therefore, the outcome heavily depends on how well you prepare concrete and organized evidence to prove your contributions.
02. Child Custody
When determining custody, the primary standard is the well-being and best interests of the child.
To assess this, the court considers a range of factors including:
- The parents’ financial stability
- Living environment
- Educational conditions
- Emotional bond with the child
- Parenting experience
- Health status
Being a foreign national does not automatically put you at a disadvantage. If you can clearly demonstrate your ability to provide a stable living environment and proper childcare, you have a strong chance of being awarded custody.
Since evidence is the key to both property division and child custody, working with an experienced foreign lawyer can help you prepare the right documents and navigate the process more securely.
3. What Should You Do If Your Spouse Is Missing?
Even if you do not know your spouse’s whereabouts, you do not need to stop the divorce lawsuit.
If you apply to the court for service by publication and receive approval, the documents can be considered officially served by posting them on the court’s website or bulletin board for a specified period, even if you cannot deliver them directly.
However, you must show that there is absolutely no way to confirm the address and that this is not due to any fault of the applicant.
To support this, it is helpful to prepare in advance:
- Copies of resident registration, family relation certificates, and records of viewing family registers
- Records of attempts to contact acquaintances or family members
- Evidence of registered mail sent and returned
- Immigration and entry/exit records
If these conditions are met, you can prevent delays caused by an unreachable spouse and continue with the court proceedings.
However, since the service by publication process requires strict documentation and conditions, it is recommended to seek help from an experienced lawyer rather than proceeding alone.
4. International Divorce from an Unreachable Spouse: Real Case Resolved Through Public Notice Service
01. Sudden Departure and Long-Term Loss of Contact
The client, a South Korean national, married a Canadian woman in 2015 through a marriage brokerage service and began their married life. However, just two months into the marriage, the spouse suddenly left for her home country without prior notice and remained out of contact for an extended period. As the client was unable to confirm the spouse’s whereabouts for a long time, they decided to file for an international divorce along with a claim for alimony.
02. Proceeding with International Divorce via Service by Publication
Although the divorce petition was submitted, the biggest obstacle was not knowing the spouse’s current residence. Following advice from a foreign lawyer, the client took all possible steps: checking immigration records, attempting to contact the spouse through family and acquaintances, sending registered mail and confirming returns. The court recognized these efforts and approved service by publication, considering the petition served through posting on the court’s website. As a result, the trial proceeded normally despite the spouse’s absence.
03. Outcome of Applying International Divorce Procedure: Divorce Judgment and Alimony Award
The court recognized the spouse’s unilateral departure and long-term loss of contact as grounds for marital breakdown. Considering the client’s mental distress and the circumstances of the breakdown, the court ordered the defendant to pay 10 million KRW in alimony. This legally ended the marriage while securing practical compensation for the client.
5. We Resolve International Divorce and Residency Issues Together
The process of international divorce is not simply about submitting documents and finishing the case.
To pass the court’s review, you must meet all necessary requirements and carefully prepare evidence to prove them. To handle this process smoothly, it is safest to develop a strategy from the very beginning with a foreign lawyer who has extensive experience in international divorce cases.
Our team consists of family law specialists certified by the Korean Bar Association and immigration and visa law experts who work together to manage every step—from the divorce judgment to subsequent foreign visa procedures—providing comprehensive support until the very end.
Thank you.
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Professional interpreters assist from the first consultation to the conclusion of the case.
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