If the other party cannot be reached, you may not even be able to obtain a judgment.
It is surprisingly common for a foreign wife to leave home shortly after marriage and for all communication to cease afterward. In situations where any form of agreement is impossible, even if you file a lawsuit to proceed with the divorce, you will immediately face the first major obstacle.
The practical issue is how to deliver the complaint. In reality, many people find themselves stuck at this stage, unable to move forward.
In such cases, public notification service can be used, but if the required conditions are not met, the court proceedings cannot even begin.
Therefore, if your case cannot proceed because the lawsuit itself cannot be opened, the most realistic response is to stop delaying and review the situation with a legal representative.
Contents
1. In international divorce cases, the first step is to confirm whether the Korean court has jurisdiction.
2. If communication has been completely cut off, you must first examine whether the requirements for public notification service are met.
3. A foreign wife's departure from home can be grounds for claiming compensation (damages).
4. Case Example: Divorce and compensation recognized through public notification after a foreign wife left home and cut off contact.
5. Before proceeding with the divorce itself, the first thing to confirm is whether it is possible.
1. In international divorce cases, the first step is to confirm whether the Korean court has jurisdiction.
Before starting the procedure, the very first thing to confirm is which jurisdiction should handle the case.
If the married life with your foreign spouse took place in Korea, or if either spouse is currently residing in Korea, the lawsuit can proceed in a Korean court.
The next step is to determine whether the other party is willing to participate in the divorce process.
If the foreign spouse lives in Korea and agrees to negotiate, the case can be resolved relatively simply. However, if the spouse left home and their long-term residence is confirmed to be abroad, the case will inevitably move to litigation.
At this stage, detailed preparations become necessary, such as assessing whether public notification service is possible, preparing documents that require translation, arranging international service of process, and securing jurisdiction-related materials. In practice, cases often stall if even one of these elements is missing.
Therefore, in international divorce proceedings, it is crucial to understand the overall process from the beginning and check each requirement step-by-step.
2. If communication has been completely cut off, you must first examine whether the requirements for public notification service are met.
When a foreign spouse leaves home and all contact is completely cut off, and the spouse is staying abroad, the first problem you encounter is “Where should the complaint be sent?”
The system that can be used when it is difficult to confirm the other party’s whereabouts is public notification service.
Public notification is an exceptional method that allows the court to proceed when the recipient’s address is unclear or mail has repeatedly been returned, as long as certain conditions are met.
However, simply saying “I can’t reach them” is not enough.
The court actually requires the following supporting materials:
- The spouse’s immigration records
- Verification results for the last known address
- Returned mail envelopes
- Records showing attempts to obtain immigration data to confirm the spouse’s whereabouts
If even one of these is missing, the request for public notification may be denied, and the international divorce process itself may come to a halt.
If communication is impossible, the practical first step is not to approach the situation emotionally but to examine whether the requirements for public notification are met and to prepare sufficient evidence.
3. A foreign wife's departure from home can be grounds for claiming compensation (damages).
If a foreign spouse leaves the country without any notice during the marriage and does not return for an extended period, this can be recognized not merely as conflict but as a fault-based cause for the breakdown of the marriage.
In particular, if the spouse delays returning without a valid reason and refuses all communication—such as calls or messages—the remaining spouse may claim compensation (damages) for emotional suffering.
In actual court proceedings, judges focus on whether the spouse’s absence is not simple disappearance but intentional avoidance.
For example, if the following evidence shows that the spouse deliberately abandoned the marriage or cut off the relationship:
① records of attempts to contact the foreign spouse after the departure,
② immigration records, and
③ statements from people around the couple,
the case may lead to a judgment ordering the payment of compensation.
If the breakdown of the marriage stems not from mere personality differences but from the spouse’s unilateral departure and long-term lack of communication, there is ample ground to legally hold the spouse responsible.
This is not an issue that can simply be dismissed as emotional conflict; in international divorce proceedings, it is practical to prepare both the litigation strategy and the claim for damages together.
4. Case Example: Divorce and compensation recognized through public notification after a foreign wife left home and cut off contact.
A Korean male client married a Paraguayan national and lived together in Korea, but shortly after the marriage, his wife returned to her home country without any explanation and remained out of contact for an extended period.
After years passed with no return and no communication, the client initiated international divorce proceedings on the grounds that the foreign wife's departure had caused the breakdown of the marriage, and he also filed a claim for emotional damages.
With the help of his legal representative, he organized evidence such as immigration records, text message logs, and statements from acquaintances. To prove that service of the complaint was impossible, he submitted returned mail envelopes and address verification results, and then applied for public notification service. The court accepted this evidence, and the case proceeded formally even without the spouse’s appearance.
In the final judgment, the court granted the divorce and held the spouse responsible for abandoning the marriage and cutting off contact, ordering her to pay 20 million KRW in damages.
5. Before proceeding with the divorce itself, the first thing to confirm is whether it is possible.
As mentioned earlier, international divorce proceedings are complex matters that must take into account the absence of the other party.
When contact has been completely cut off due to a foreign spouse leaving home, the divorce case will not proceed immediately—even if you wish to resolve the relationship. Moreover, if the requirements for public notification service are not properly met, several months may pass with absolutely no progress.
In addition, once a legal decision is made, various practical issues begin to surface: property division, child custody, and even visa or residency status. The longer the delay, the more complicated the situation becomes.
Our legal team, experienced in handling real international divorce cases, reviews all conditions from start to finish to determine what is actually possible and prepares the necessary steps in a structured manner.
To move forward, the situation must be addressed with facts, not emotions—and with proper legal procedures, not assumptions.
If you wish to find a clear path forward, the first step is a realistic assessment of your current circumstances.
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