Have you decided to end your marriage but don’t know where to start?
When it comes to divorcing a foreign spouse, the international divorce process is far more complicated than a typical divorce.
The very first step is determining which country’s law applies. After that, you need to carefully review whether a mutual agreement is possible, whether the other party can be served with legal documents, and whether there are valid grounds to claim alimony. This is not a procedure that can be resolved by considering just one factor.
Moreover, an international divorce can vary greatly depending on the spouse’s nationality, place of residence, and whether or not they can be contacted. Even a small mistake can cause delays in court or lead to serious disadvantages, making it extremely burdensome to handle on your own.
If you want to navigate the international divorce process with clarity, the safest choice is to seek guidance from a legal professional at the very beginning.
Contents
1. Which country’s law will apply?
2. Is an uncontested divorce possible?
3. How do you file for divorce against a spouse you’ve lost contact with?
4. Can you claim alimony from a foreign spouse?
5.Case Study: Divorce finalized and alimony granted against a missing Japanese spouse through public notice service
6. If you’ve decided on divorce, what comes next is even more important.
1. Which country’s law will apply?
In an international divorce process, the first step before anything else is to determine which country’s law will apply. The governing law in an international divorce depends on the couple’s nationality and their place of residence.
1. If both spouses share the same nationality, the family law of that country will apply.
2. If they hold different nationalities but have lived together in the same country, the law of that country will apply.
3. If they have different nationalities and no common residence, then the law of the country with the closest and most substantial connection to the couple will apply.
For example, if a Korean national and a foreign spouse have been living together in Korea, Korean law is likely to govern the divorce.
However, if the spouse resides abroad or is a foreign national, even if a decision is made by a Korean court, it may not be automatically recognized in the other country. In such cases, you may need to obtain separate approval from the foreign court. If that approval is denied, issues concerning children or property may return to square one.
This is why an international divorce procedure cannot be resolved by looking only at Korean law. The process must also take into account the legal requirements of the other country to ensure the divorce is fully completed.
2. Is an uncontested divorce possible?
To proceed with a mutual divorce with a foreign spouse, both parties must appear together in court. However, if the other spouse is abroad or refuses to attend, the mutual agreement procedure comes to a halt.
For this reason, international divorce cases often end up being resolved through litigation.
But a trial cannot move forward simply because one wants to end the marriage. There must be legally recognized grounds for dissolving the marital relationship under civil law. Such grounds may include the spouse’s fault, long-term separation, domestic violence, or infidelity. If these exist, they must be proven in order to file for divorce in court.
Therefore, the very first step is to determine whether a mutual agreement is realistically possible—or whether you should prepare for a trial from the outset.
3. How do you file for divorce against a spouse you’ve lost contact with?
If your spouse has run away or moved overseas and you can no longer contact them, the international divorce process often comes to a halt at the stage of serving documents.
This is because the trial cannot begin unless the petition is properly delivered to the other party. While there is an exceptional procedure called public notice service, the court does not accept it simply on the grounds that the spouse’s address is unknown.
The court will require concrete proof that delivery is impossible. This may include records showing mail returned from the last known address, evidence of unanswered calls or text messages, and statements from inquiries made with acquaintances or neighbors. Without such documentation, the trial will not even begin, and the process may be significantly delayed.
That’s why, when the spouse’s whereabouts are uncertain in an international divorce case, it is crucial to gather evidence in advance—before filing a lawsuit. Since this process is extremely difficult to handle alone, obtaining the assistance of a legal representative is highly advisable.
4. Can you claim alimony from a foreign spouse?
In an international divorce process, it’s not only about ending the marriage itself—if the spouse is found to be at fault, you may also file a claim for alimony or damages.
Common grounds include domestic violence, infidelity, or failure to provide financial support. If you have evidence to prove these circumstances, you may seek compensation.
However, if the foreign spouse has already left the country, enforcing the judgment can be difficult even after a ruling is made. In such cases, it is crucial to first check whether the spouse has any assets remaining in Korea or whether the judgment can be recognized and enforced in their home country.
Alimony is more than just financial compensation—it is a legal remedy for the harm suffered without just cause. To achieve meaningful results, it’s essential to approach the process strategically from the very beginning.
5.Case Study: Divorce finalized and alimony granted against a missing Japanese spouse through public notice service
The client had registered a marriage with a Japanese national and begun living together, but shortly after the wedding, the spouse unexpectedly returned to Japan without notice and all contact was lost. With no way to confirm even whether the spouse was alive, the client concluded that the marriage could no longer continue and filed for divorce along with a claim for damages.
With the assistance of a legal representative, the case emphasized that the spouse’s unilateral departure and long-term disappearance constituted valid grounds under civil law for terminating the marital relationship. Entry and exit records, along with documented attempts at communication, were presented to prove the requirements for public notice service, which the court accepted. As a result, the proceedings were able to move forward even without the spouse’s participation.
Ultimately, the court recognized the spouse’s fault, granted the divorce, and ordered the payment of 20 million KRW in alimony, taking into account both the circumstances of the marital breakdown and the emotional suffering caused.
6. If you’ve decided on divorce, what comes next is even more important.
An international divorce process is not a simple divorce lawsuit. It is a complex procedure that requires careful consideration of private international law, immigration issues, and the method of serving legal documents.
If even one of these areas is inadequately prepared, the trial may be delayed, or the judgment may fail to be recognized in a foreign country.
A family law attorney certified by the Korean Bar Association can clearly guide you through the legal requirements and evidence strategies in international divorce cases.
A visa law specialist can review requirements and provide alternative solutions to ensure that a foreign spouse’s residency status can be maintained even after divorce.
International divorce is not just about ending a relationship—it is a process to safeguard your future life. Before beginning the procedure, it is safest to review the entire structure with the help of an expert.
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