In recent years, the number of international divorce cases has been steadily increasing.
As international marriages have become more common, international divorces are no longer rare. However, divorces involving international couples require a different legal approach from ordinary domestic divorces.
Divorce involving foreign nationals goes beyond simply dissolving a marriage and involves complex legal issues that require careful handling. These may include determining the applicable law under private international law, division of marital property and claims for alimony, child custody matters, and even the foreign spouse’s immigration status.
Because so many legal factors are intertwined, handling a foreign national divorce alone can present significant limitations.
Therefore, to develop an appropriate response tailored to each situation and to protect one’s rights without disadvantage, seeking assistance from a lawyer with extensive experience in international divorce matters is a wise choice.
Today, we aim to explain in an easy-to-understand manner the issues that many people are curious about regarding international divorce.
First, we will look at (1) why international divorces are particularly challenging, and then (2) the legal procedures and issues involved when international couples seek divorce.
Next, we will explain (3) divorce through service by publication, followed by (4) a guide to the service by publication procedure, (5) an actual case in which an international couple divorced through service by publication, and finally (6) why an international divorce attorney is necessary in divorce cases involving foreign nationals.
Contents
1. Why are international divorces particularly difficult?
2. What are the legal procedures and issues involved when international couples seek a divorce?
3. What is divorce through service by publication?
4. What evidence is required when applying for service by publication?
5. A real case: An international couple divorced through service by publication
6. Why is an international divorce attorney necessary in divorce cases involving foreign nationals?
1. Why are international divorces particularly difficult?
When spouses of different nationalities wish to divorce, how should the divorce process be handled?
An international divorce refers to the dissolution of a marriage between spouses of different nationalities. As international marriages in Korea continue to increase, related divorce cases have also been steadily rising.
In particular, divorces involving foreign nationals are often more complex and time-consuming than ordinary divorces.
Reasons international divorces are difficult include:
- Jurisdiction issues (which country’s court has authority to hear the divorce)
- Applicable law issues (which country’s laws should govern the divorce)
- Difficulties in communication and procedural progress with a spouse residing overseas
There is also the possibility of conflicts with the legal system of the country where the foreign spouse resides. Parties may face challenges related to property division, child custody, or loss of contact with the other spouse.
According to statistics, approximately 30% of internationally married couples eventually experience divorce, with contributing factors including cultural differences, language barriers, and differences in legal systems.
2. What are the legal procedures and issues involved when international couples seek a divorce?
Let us take a closer look at the legal procedures and issues involved when international couples seek a divorce.
Key factors that must be considered when pursuing an international divorce include:
- Jurisdiction issues (which country’s court has the authority to hear the divorce)
- Applicable law issues (which country’s laws govern the divorce)
- Difficulties in communication and procedural progress with a spouse residing overseas
In international divorce cases, the first step is to determine whether a Korean family court has jurisdiction over the matter.
To file a divorce lawsuit in Korea, the spouse must be residing in Korea or must have lived in Korea for a certain period of time. If these conditions are not met, the court may not recognize jurisdiction, so caution is required.
In order for jurisdiction to be granted in international divorce cases, legal standards based on the spouses’ nationalities and places of residence must be carefully reviewed.
Furthermore, for a divorce judgment issued by a Korean court to be recognized in another country, it must satisfy the legal requirements of that foreign jurisdiction. Because these requirements vary by country, the process becomes even more complex.
For these reasons, international divorce is often difficult for individuals to handle on their own, and working with a legal representative is the most prudent approach.
3. What is divorce through service by publication?
During the process of divorce involving foreign nationals, situations may arise in which contact with the foreign spouse cannot be established.
In such cases, is it still possible to proceed with a divorce?
What is service by publication?
Service by publication is a legal procedure that allows notice to be deemed delivered through official public means when the other party’s address or place of residence cannot be identified.
When contact with a foreign spouse cannot be established, international divorce proceedings become significantly more difficult. In particular, if a spouse residing abroad does not respond to legal proceedings or cannot be reached, it may be challenging to move the case forward smoothly.
In such situations, a family court may allow the divorce lawsuit to proceed through service by publication.
Service by publication is a system in which, when the whereabouts of the opposing party are unknown, notice is publicly announced in a prescribed manner so that legal service is deemed effective.
This procedure typically involves posting an official notice on a court bulletin board or similar public forum to notify the opposing party of the legal action.
4. What evidence is required when applying for service by publication?
Korean family courts require proof that the opposing party’s whereabouts are unknown in order to prevent abuse of the service by publication system, such as secretly proceeding with a divorce.
Documents required when applying for divorce through service by publication include:
Evidence required for service by publication
Proof of failed service:
- Returned registered mail envelopes or other documentation showing that delivery was unsuccessful
Evidence of efforts to identify the opposing party’s address:
- Certificate of entry and exit records
- Records of attempted contact via email, social media, or messaging platforms
- Documents proving inquiries made to acquaintances or relatives
Other supporting materials:
- Written statements or attachments indicating that the opposing party resides overseas
To proceed with service by publication, it is first necessary to demonstrate to the court that the opposing party’s location cannot be determined.
This requires the preparation of various supporting documents. Typical examples include records of attempts to locate the opposing party’s residence, logs of communication attempts, and inquiry records through government agencies such as the Ministry of Foreign Affairs.
Based on the submitted materials, the court determines whether service by publication is legally justified. If approved, notice is published through official channels such as the court bulletin board or the official gazette.
Once this service by publication process is completed, the family court may proceed with the international divorce litigation.
5. A real case: An international couple divorced through service by publication
Guide to the Divorce Procedure Through Service by Publication
- Making reasonable efforts to identify the opposing party’s address
- Confirmation of failed service (objective proof that service could not be completed)
- Submission of an application for service by publication
- Court approval of service by publication
- Execution of service by publication (public posting)
Now, let us discuss a case in which an international couple was able to divorce through service by publication.
In one example, a Korean national, Ms. A, filed for divorce after losing all contact with her foreign spouse, Mr. B, who was residing in the United States.
Ms. A attempted to trace her spouse’s residence in the U.S. but was unable to determine his exact location, and all attempts at communication were unsuccessful.
As a result, Ms. A applied to the court for service by publication. Based on the materials she submitted, the court approved the request for service by publication.
After the notice was posted on the court’s bulletin board for the required period, Ms. A was able to obtain a divorce judgment, thereby legally completing the divorce process.
6. Why is an international divorce attorney necessary in divorce cases involving foreign nationals?
International divorces and divorces involving foreign nationals involve far more legal and procedural challenges than ordinary divorce cases, making the assistance of a legal representative especially important.
In particular, when proceeding with service by publication due to loss of contact with a spouse, it is essential to thoroughly prepare the required documents and follow the legally prescribed procedures. For this reason, support from a legal professional is strongly recommended.
Why an international divorce attorney is necessary in foreign national divorce cases
Prevention of procedural errors:
Unlike ordinary divorces, international divorces involve complex issues such as jurisdiction and service by publication.
Expertise in handling special procedures:
Specialized knowledge is required to properly carry out procedures such as service by publication.
Practical support for court approval and smooth proceedings:
Legal representatives assist with securing court approval and ensuring the process moves forward efficiently.
A legal representative can help prevent procedural mistakes, prepare the necessary evidence, and obtain court approval so that international divorce proceedings can be carried out smoothly.
Majung Law Firm, a firm specializing in matters involving foreign nationals, provides divorce consultations through attorneys certified as family law specialists by the Korean Bar Association, as well as attorneys with prior experience in the Immigration Office’s offender review division.
We offer a one-stop solution covering everything from foreign national divorce procedures to visa and immigration status matters.
Thank you.
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!
