International Divorce Procedures – Feeling Lost on Where to Begin?
When you come to the conclusion that continuing your marriage with a foreign spouse is no longer possible, you may start considering international divorce proceedings in Korea.
However, international divorce procedures aren’t as simple as just submitting paperwork. Each step requires legal and practical review. You need to clearly determine whether a mutual agreement is possible or whether the case must go to court. If your spouse is overseas or cannot be contacted, the process may even be put on hold.
Even if you’re certain about ending the marital relationship, the actual process can be difficult to navigate. That’s why it’s important to first accurately assess what options are available to avoid wasting unnecessary time. In particular, if communication with your foreign spouse is difficult or their whereabouts are unclear, the approach required may be entirely different from a standard procedure.
Since the criteria and requirements differ at each stage of an international divorce, it’s often more secure to seek help from a lawyer who specializes in international divorce and has real experience handling such cases, rather than trying to go through the entire process alone.
Contents
1. Two Ways to Proceed with an International Divorce in Korea
2. If Your Spouse’s Whereabouts Are Unknown, ‘Public Notification Service’ Is Required
3. Why Do You Need Help from a Divorce Specialist Lawyer?
4. Real Case: Turning a One-Sided Lawsuit Around with a Countersuit and Gaining Child Custody in an International Divorce
5. What Matters More Than the International Divorce Process Is the Decision Made Before You Begin
1. Two Ways to Proceed with an International Divorce in Korea
Divorce from a foreign spouse is generally carried out through one of two methods defined under Korean law.
① Mutual Consent Divorce is possible when both spouses agree to end the marriage and can appear together at the court.
In this case, a written agreement on child custody and property division must be submitted, and the foreign spouse must also appear in person for the court to accept the divorce. Therefore, if the spouse has already left the country or is out of contact, this method cannot be used.
② If mutual agreement is difficult or the other party refuses to cooperate, the process must begin through litigation.
If there are clear grounds for divorce, an international divorce can be initiated without the other party’s consent. Even if the spouse is living abroad, the case can be heard in a Korean court as long as jurisdictional requirements are met.
However, even in litigation, the complaint must be delivered to the other party.
So if their address is unknown or they live overseas, this step requires separate preparation.
2. If Your Spouse’s Whereabouts Are Unknown, ‘Public Notification Service’ Is Required
If a foreign spouse has left the country or gone missing after leaving the home and cannot be contacted, it may be difficult to serve the complaint directly, which can prevent the divorce litigation from starting.
In such cases, you must request an exception called “public notification service”, allowing the court to consider the complaint as properly delivered.
However, simply claiming that the address is unknown is not enough to get approval. You must provide evidence that service is impossible — such as records of attempted contact or returned mail.
Cases Where Public Notification May Be Approved
- The spouse is staying overseas, but the exact address cannot be confirmed
- The spouse went missing after leaving home and their whereabouts are unknown
- No response has been received despite multiple attempts to contact via text or phone
- Mail sent to the most recent known address has been returned
The court only permits public notification when it's clearly proven that the address cannot be confirmed and delivery attempts have failed.
If there is insufficient evidence, the request may be denied, and the procedure may not move forward — which is why early and proper action is critical.
3. Why Do You Need Help from a Divorce Specialist Lawyer?
Handling an International Divorce Alone Can Be Difficult.
This is because many complex issues arise at once — from determining which country’s laws apply, to whether the case can be handled in Korea, and even whether you can continue residing in the country after the divorce.
A divorce lawyer provides support in the following areas:
① Determining Applicable Law
- If the spouses hold different nationalities, foreign law — not Korean law — may apply. So the first step is identifying which legal system governs the case.
② Assessing Jurisdiction
- It’s essential to determine whether a Korean court has jurisdiction and whether the case can actually be handled in Korea.
③ Strategy for Unknown Whereabouts
- If the other party cannot be reached or their whereabouts are unknown, the lawyer will assess whether public notification service is possible and help prepare the necessary supporting documents.
④ Visa and Residency Issues
- If the foreign spouse’s visa is expiring, the lawyer will review whether a visa change is possible — for example, based on child custody or fault-based grounds for divorce.
⑤ Post-Divorce Planning
- Since practical issues like child custody, alimony, and asset division must also be addressed, securing a court decision alone isn’t enough. Future living arrangements and financial stability must also be planned.
As such, a divorce lawyer is not just someone who files paperwork on your behalf — but a practical partner who supports you through the entire process, from legal proceedings to post-divorce residency and rebuilding your life.
4. Real Case: Turning a One-Sided Lawsuit Around with a Countersuit and Gaining Child Custody in an International Divorce
A Korean national client had been married to a Russian spouse, and they had been raising a child together. However, after the spouse left Korea, they remained separated for several years with no contact. Then, unexpectedly, the spouse filed a one-sided international divorce lawsuit.
In response, the client, with the help of an international divorce specialist lawyer, filed a countersuit, arguing that it was actually the spouse who had abandoned their marital responsibilities and taken no part in raising the child.
Evidence was submitted showing that the client had been the one actively raising the child, covering education and living expenses during the separation. It was also emphasized that the spouse’s complaint made no mention of the child at all.
During the trial, the court determined that the child would need to be brought to Korea due to jurisdictional requirements, so the legal team also handled immigration procedures, including visa issuance for the child.
Ultimately, the court ruled in favor of the client’s countersuit — dissolving the marriage, granting the client sole parental and custody rights, and ordering the spouse to pay child support and alimony.
5. What Matters More Than the International Divorce Process Is the Decision Made Before You Begin
To proceed with a divorce trial, multiple factors must be reviewed simultaneously — including whether mutual agreement is possible, confirmation of the spouse’s address, determination of jurisdiction, method of serving the complaint, and applicable law.
In particular, if the other party is overseas or cannot be contacted, the entire case may be halted or dismissed depending solely on whether public notification service is approved.
Because international divorce cases carry such risks even before they officially begin, it is extremely difficult to proceed without the involvement of a divorce specialist lawyer.
Certified by the Korean Bar Association as a Family Law Specialist
Legal representative with immigration and visa law expertise, based on hands-on experience at the Immigration Office
These two legal experts collaborate to thoroughly analyze your case.
They will:
① Assess whether the case can proceed through mutual agreement or litigation,
② Prepare evidence and documentation if public notification service is needed due to difficulties in locating the spouse, and
③ Assist with follow-up actions such as visa changes or residence extension.
With practical experience handling over 12,000 cases, we provide not just support for a single court ruling, but strategic guidance that considers your life after the divorce.
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
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