After registering a marriage with a foreign spouse, the couple is currently living separately.
If the spouse is overseas or communication is difficult, is it still possible to proceed with divorce litigation?
Also, compared to an ordinary divorce, are there differences in the procedure or time required for divorce litigation involving a foreign spouse?
In addition, when filing a divorce lawsuit against a spouse living abroad, I would also like to know how the procedure is generally carried out.
If your foreign spouse has been living separately from you for a prolonged period or is staying overseas, it is understandable that you may have many questions about how to proceed with the divorce process.
In particular, when the other party is not in Korea or communication is difficult, the procedure may feel more complicated than a typical divorce case. Based on your question, we will explain the process of foreign divorce litigation step by step.
First, divorce litigation is possible even with a foreign spouse.
Even if the spouse is a foreign national,
👉 it is possible to file a judicial divorce lawsuit in a Korean court.
In particular
▪️ When the parties have been separated for a long period
▪️ When the marital relationship has effectively broken down
These circumstances may be recognized as grounds for judicial divorce.
Second, the lawsuit may proceed even if the spouse is overseas.
Even if the spouse is staying abroad, or communication is no longer possible,
👉 the divorce lawsuit may still proceed.
In such cases, the court may proceed through
▪️ international service if the spouse’s address is known, or
▪️ service by public notice if the address cannot be confirmed or service fails.
If service by public notice is permitted,
the court may issue a divorce judgment even if the other party does not appear in Korea.
Third, differences from an ordinary divorce case.
Foreign divorce litigation generally follows the same basic procedure as ordinary divorce litigation.
However, there are several differences.
▪️ The process may take longer due to international service procedures.
▪️ Additional translation and document preparation may be required.
▪️ Confirming the spouse’s location may become an important issue.
Fourth, expected processing period.
The duration may vary depending on the circumstances, but when communication with the spouse is difficult, and the case proceeds through service by public notice,
👉 the process commonly takes around 6 months to 1 year.
Fifth, documents and materials that should be prepared.
To proceed smoothly with the case, it is important to prepare
▪️ Certificate of marriage
▪️ Resident registration record
▪️ The spouse’s personal information (such as passport information)
▪️ Materials explaining the separation and breakdown of the marriage
Foreign divorce litigation may proceed through Korean courts even when the spouse is overseas, or communication is no longer possible.
However, because international service or service by public notice procedures may be involved, the process may take longer and require additional procedures compared to an ordinary divorce.
Therefore, it is important to understand and prepare for the procedure carefully in advance.
