If your spouse returns to their home country shortly after marriage and all contact is lost, is it still possible to proceed with an international divorce in Korea?
Recently, there has been a steady rise in cases involving broken marriages and loss of contact following international marriages. In particular, when the spouse’s address is unknown and communication is completely cut off, many cases end up being neglected for long periods simply because people are unsure of the legal process.
An international divorce lawsuit is not just about ending a relationship—it requires careful consideration of jurisdiction, methods of service, and the structure of evidence.
Today, we’ll walk you through how such cases can be resolved, focusing on the key legal mechanism of service by public notice and real-life successful case examples.
Contents
1. If your spouse returns overseas and contact is lost, can you still file for an international divorce in Korea?
2. What is service by public notice in an international divorce lawsuit?
3. What happens when one spouse returns to their home country and cuts off contact? (Real case example)
4. What is the most important factor when preparing for an international divorce lawsuit?
5. How to divorce in Korea with the help of Law Firm Majung
1. If your spouse returns overseas and contact is lost, can you still file for an international divorce in Korea?
An international divorce lawsuit can still be filed even if the other party is no longer residing in Korea.
However, if standard service of legal documents is not possible, the process must proceed through service by public notice in accordance with court procedures.
- Long-term stay abroad — Difficulty confirming the address
- Complete loss of contact — No communication via phone, messenger, or acquaintances
- Unknown whereabouts — Residence cannot be verified beyond immigration records
- Solution — Proceed through service by public notice
The key point here is:
Just because you cannot reach the other party does not mean that filing a lawsuit is impossible.
However, you must be able to demonstrate that sufficient efforts were made to locate the other party. If this preparation is not properly done, the process may be delayed.
2. What is service by public notice in an international divorce lawsuit?
Service by public notice is an exceptional method of service recognized by the court when the other party’s address is unknown.
In a lawsuit, the process can only proceed once the complaint is delivered to the other party. However, if the spouse has returned overseas and contact has been completely lost, standard service becomes impossible. In such cases, service by public notice is used.
This is a procedure in which the court recognizes the validity of service through public posting for a certain period. It is commonly used in cases involving loss of contact or unknown whereabouts.
Preparations before proceeding:
- Conduct an immigration/travel records inquiry
- Demonstrate efforts to locate the other party
- Secure records of returned mail
- Apply to the court for service by public notice
The important point is that service by public notice is not granted automatically.
The key issue is whether sufficient efforts were made to locate the other party and whether those efforts can be proven with objective evidence.
Therefore, this is not just a simple application, but a strategic legal process that requires proper proof and preparation.
3. What happens when one spouse returns to their home country and cuts off contact? (Real case example)
This is a case in which a Thai national spouse left home, and the client successfully obtained a divorce and damages through service by public notice.
※ This case has been reconstructed based on an actual case handled. Certain details have been modified to protect the client’s identity. ※
After approximately two months of marriage, the spouse unilaterally returned to their home country and all contact was lost.
As the spouse’s whereabouts could not be confirmed for an extended period, the client proceeded with filing a lawsuit.
Key Issues in the Case
- Cause of marital breakdown: Claimed unilateral abandonment by the spouse
- Procedural validity: Proven that the requirements for service by public notice were met
- Damages: Claimed compensation for emotional distress
- Result: Divorce granted and KRW 10,000,000 awarded
The court recognized the spouse’s fault and accepted the procedural validity, ultimately issuing a favorable judgment.
This case demonstrates that service by public notice can serve as a practical and effective solution in lawsuits involving loss of contact.
This is not simply about ending a relationship—if fault is clearly established, a claim for damages is possible.
- Unilateral return to the home country shortly after marriage
- Prolonged loss of contact
- Complete suspension of marital life
- Emotional damage suffered
In this case, all of these factors were considered, and KRW 10,000,000 was awarded.
This process is not just about dissolving a relationship, but about clearly establishing the at-fault spouse’s responsibility and recovering your financial rights as well.
4. What is the most important factor when preparing for an international divorce lawsuit?
The most important factors are securing objective evidence and understanding the legal procedure. In international divorce cases, the structure of proof is more important than mere claims.
The court focuses on three key elements:
- The cause of the marital breakdown
- The responsibility of the other party
- The procedural validity of the case
If even one of these is lacking, the process may be delayed.
In particular, when service by public notice is required, the outcome is often determined at the preparation stage.
Key evidence to prepare:
- Immigration records (to confirm the date of departure)
- Communication records (calls, messages, and messenger history)
- Returned mail records (to prove failed service attempts)
- Marriage background (to establish responsibility for the breakdown)
Service by public notice is not automatically granted. You must demonstrate that sufficient efforts were made to locate the other party. If this is not properly established, the lawsuit may become prolonged.
This is not a matter of emotions—it is a matter of evidence and procedure. Especially in cases requiring service by public notice, building a solid structure from the very beginning is the most critical step.
5. How to divorce in Korea with the help of Law Firm Majung
International divorce cases are different from ordinary legal matters. They involve multiple complex factors, including jurisdiction, applicable law, overseas service, and the requirements for service by public notice.
We have accumulated extensive experience in successfully handling cases involving spouses who have lost contact, particularly through service by public notice.
What matters more than whether a divorce in Korea is possible is how the case is structured and prepared.
If you are considering an international divorce, don’t navigate it alone. From procedure to strategy, it is important to approach the case with clear direction alongside a legal professional.
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!
