How to handle Korean lawsuits with Law Firm Majung

  Are you holding back from filing for divorce from your foreign spouse because it seems too difficult?   When trying to end a marriage with a foreign national, many people get stuck right at the start — which country’s law applies and which court has jurisdiction.   If the other party lives overseas or cannot be reached, even serving the complaint can become a major challenge.   Furthermore, after the divorce judgment, issues often arise regarding the foreign spouse’s visa or residence status.   If marital conflict is likely to lead to legal proceedings, it’s important to see it not just as a family matter, but as a situation that also requires consideration of immigration and residence implications.   The outcome can vary greatly depending on which direction you take from the beginning.   With the assistance of a legal representative experienced in both international divorce procedures and Korean lawsuit processes, you can reduce uncertainty and move the process forward more smoothly and securely.    

1. When Agreement Is Impossible, Korean Lawsuits Becomes Necessary.

  If one spouse cuts off contact or refuses to agree to divorce, the marriage must be dissolved through litigation.   However, simply claiming that “we can no longer live together” is not enough for the court to proceed.   The court examines whether the marriage has in fact broken down and whether the circumstances meet the legal grounds for divorce.   To do so, the court requires the submission of evidence.   The following situations are commonly recognized as valid grounds for divorce:

• The spouse left home or cut off contact for a long period without explanation.
• Repeated verbal abuse or physical conflict caused severe suffering.
• Clear evidence of infidelity exists.
• The spouse completely failed to provide financial support or showed ongoing irresponsibility.
• Other circumstances that make it impossible to maintain a normal marital relationship.

  Mere words are not enough to win a case.   Concrete evidence — such as message records, medical certificates, or audio recordings — is required to substantiate the claim.   Without such proof, an international divorce case may fail to proceed altogether.    

2. Infidelity by a Foreign Wife — Court Awards 20 Million KRW in Damages After International Divorce (Real Case)

  The client married a Japanese national in 2015 and lived together in Korea. Over time, he began to suspect his wife due to her frequent overnight absences and unexplained behavior.   Through collected text messages, credit card records, and photos, it was confirmed that she had been maintaining a long-term intimate relationship with another man.   The client immediately sought legal assistance and began preparing for Korean Lawsuits.   The attorney in charge presented detailed evidence to the court — including the circumstances of the affair, the timing of the separation, and how the marriage had broken down — clearly establishing the grounds for a claim for damages (alimony).   The court accepted these arguments and ordered the spouse to pay 20 million KRW in compensation.   Through this ruling, the client not only received financial redress but also gained legal recognition of the other party’s responsibility, allowing him to move forward and rebuild his life.     A Korean lawsuit does not end simply with a court judgment — it is often followed by additional administrative procedures and document requirements under each country’s foreign marriage and divorce systems.   For a foreign spouse, the end of the marriage can also mean the termination of their residence status, so preparation for this is crucial.   In some cases, visa renewal requests are denied or the authorities determine that there is no longer a valid reason for residence, leading to forced deportation.   Although international divorce proceedings and immigration procedures are formally separate, in practice they are closely linked.   If either side is not properly handled, the Korean Lawsuit process can become difficult.   Many people mistakenly believe that everything ends with the court’s judgment, only to later face residence or visa complications.   To resolve both the divorce and residency issues smoothly, a comprehensive strategy that addresses both family law and immigration administration is essential.   Our team includes a family law specialist certified by the Korean Bar Association and a migration and visa expert with extensive experience in handling cases involving foreign nationals.   We provide practical support tailored to each situation — from international divorce litigation and public notice service procedures to post-divorce processes such as visa extension and residence status change for the foreign spouse.   Thank you.