“The process of international divorce litigation is more complicated than most people expect, and many cases stall midway when started without proper preparation.”
It is easy to assume that simply submitting divorce papers will immediately begin the process, but in reality, there are several preliminary steps — such as determining jurisdiction and reviewing applicable laws — that must be completed first.
Even when there appear to be clear grounds for ending the marriage, if the other spouse resides overseas or their whereabouts are uncertain, the proceedings can often come to a halt. Furthermore, if the marriage itself was based on fraud and lacks a genuine foundation, the case may need to be filed as a petition for annulment, not a divorce.
There are also many instances where choosing the wrong applicable law or court with improper jurisdiction leads to the case being dismissed or delayed for months.
Ultimately, to legally and smoothly resolve a marriage with a foreign spouse, it is crucial from the outset to carefully examine the requirements for jurisdiction, applicable law, and document service.
Since insufficient preparation can make it impossible to proceed at all, the safest approach is to consult an international divorce attorney early on to review the entire process in advance.
Contents
1. In international divorce proceedings, the first step is to clearly determine which country’s law applies.
2. If the marriage itself lacks validity, a nullity (annulment) action must come before a divorce.
3. If contact with your spouse has been lost, the process can continue through public notice service.
4. In conclusion, preparation determines the outcome in international divorce proceedings.
1. In international divorce proceedings, the first step is to clearly determine which country’s law applies.
The first thing to confirm in international divorce proceedings is which country’s law will apply to the case.
If even one spouse holds a foreign nationality, the case is not judged solely under Korean civil law — instead, the applicable law is determined according to the provisions of private international law.
In general, the following standards apply:
- If both spouses share the same nationality: The law of that country applies.
- If they have different nationalities but have lived together in the same country: The law of that country applies.
- If both nationality and place of residence differ: The law of the country where the marriage life was primarily conducted takes precedence.
In addition, for a Korean court to have jurisdiction over the dissolution of a marriage, at least one of the following must be met:
- One of the parties has a residential address in Korea
- The center of marital life is located in Korea
- The foreign spouse currently resides in Korea
If the applicable law or jurisdictional requirements are unclear, the lawsuit may not be accepted or may be suspended.
Since a misjudgment at the starting stage can affect the entire process, it is crucial to consult an international divorce attorney early on to clearly determine the governing law and jurisdiction.
2. If the marriage itself lacks validity, a nullity (annulment) action must come before a divorce.
If the other party entered into the marriage for the purpose of obtaining residency status or financial gain, it is not simply a divorce issue — it may be viewed as a case where the marriage itself was never legally valid.
For example, if the marriage was officially registered but there was no actual cohabitation and the spouse cut off contact and disappeared, it would be more appropriate to pursue a marriage nullification (annulment) case rather than a divorce.
The court’s key consideration is not mere conflict or disagreement, but whether a genuine marital relationship was ever formed.
Therefore, if there has never been cohabitation after marriage or contact has been severed for a long period, there is a high likelihood that the court will determine the marriage lacked substance.
The following materials can be used as evidence:
- Shared address verification such as utility bills, resident registration, or lease contracts
- Messaging or call records showing communication (or the lack thereof)
- Immigration records and details of residency purpose or visa status
- Documents and statements submitted during visa application
A marriage nullification lawsuit has no statute of limitations, meaning it can be filed even after discovering the facts long after the marriage was registered.
However, when challenging the existence of the marriage within international divorce proceedings, the argument must be based on factual evidence, not emotional appeal.
If it is difficult to determine or organize the necessary documentation at the early stage, it is far more effective to work with an international divorce attorney experienced in similar cases to systematically prepare and structure the evidence.
3. If contact with your spouse has been lost, the process can continue through public notice service.
It’s easy to assume that if your spouse is overseas or completely out of contact, you can no longer proceed with an international divorce case. However, the complaint does not have to be delivered personally — if certain conditions are met, the trial can continue through public notice service.
Public notice service is a legal procedure used when the other party cannot be reached. In this case, the court posts the relevant documents on its bulletin board or in the official gazette for a set period, and once that period expires, delivery is considered complete — even if the other party never actually reads them.
However, simply claiming “I can’t reach them” is not enough. You must objectively prove that you made real efforts to locate the person — such as call logs, messenger or email attempts, immigration records, or contacting acquaintances.
Once the court approves public notice service, the case will move forward regardless of the other party’s response after the notice period.
Although this procedure is legally possible, preparing the necessary evidence can be complex. Therefore, it’s far more reliable to proceed with the assistance of an experienced international divorce attorney who understands both the procedural and evidentiary requirements.
In short, even without the other party’s cooperation, you can still complete the international divorce process — as long as the legal conditions are properly met.
4. In conclusion, preparation determines the outcome in international divorce proceedings.
As I have repeatedly emphasized, resolving a marriage with a foreign spouse does not end simply by filing a complaint. If you make a mistake in applicable law, court jurisdiction, or service of process, the case may be suspended or even have to start over from the beginning.
In particular, when the other party is overseas or out of contact, it becomes difficult to handle the process alone. You must carefully deal with translation, notarization, and preparation of supporting documents, as well as public notice service or a review of applicable (governing) law, among other practical matters.
An experienced international divorce attorney does far more than just draft a complaint — they manage the entire process with you, ensuring that each step is carried out properly and that the case proceeds smoothly according to your specific situation.
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