There are surprisingly many cases where international divorce lawsuits never even make it to trial.
When conflicts with a foreign spouse intensify, people often consider legal action sooner than expected.
In particular, if one spouse leaves the country and becomes unreachable, divorce by mutual consent becomes impossible — leading many to consider filing a lawsuit instead.
However, in real cases, it is common to hear, “I couldn’t proceed with the divorce because I didn’t know where my spouse was.”
When the address cannot be verified, the case can be delayed for several months before any progress is made.
Additionally, when the spouses have different nationalities, the applicable legal procedures and trial methods may differ, causing unexpected confusion during the process.
Thus, international divorce litigation is not something that can be initiated based on emotion alone.
It is essential to first meet every procedural requirement, step by step.
From the preparation stage to each phase of the process, a strategic approach with professional legal guidance is the most practical and effective choice.
Contents
1. The Procedure Varies Depending on Nationality and Method of Service.
2. If the Address Is Unknown, Public Notice Service Must Be Considered.
3. Case Example: Proceeding by Public Notice After Losing Contact with a Japanese Spouse.
4. It’s Too Complex to Handle Alone.
1. The Procedure Varies Depending on Nationality and Method of Service.
It has been noted that ending a marriage with a foreign national requires many preliminary checks in the early stages, unlike general family court procedures. When one spouse is a foreign national, the grounds for divorce are determined according to Korean law, but jurisdiction — whether the Korean court can hear the case — and the ability to serve court documents must be examined separately. In particular, if the other party is living abroad or has already left Korea, the ability to properly deliver the complaint becomes a key requirement for the case to proceed. If the address is unclear or the method of service is invalid, the case may not proceed at all. Moreover, international divorce cases often involve not only the divorce itself, but also issues related to children, property disputes, and claims for alimony or compensation. Conflicts with the laws of the other country may also arise during the process. Because these cases involve a complex intersection of private international law, family law, and immigration regulations, they require far more detailed preparation than ordinary domestic divorces. Therefore, it is strongly advised that parties thoroughly review all procedural requirements from the very beginning — as this is the first step toward ensuring a smooth and stable process.
2. If the Address Is Unknown, Public Notice Service Must Be Considered.
It has been noted that in international divorce cases, it is quite common for the complaint to remain undelivered because the other party’s address cannot be verified. If the spouse has left the country and lost contact, or if they reside overseas with an unclear address, the trial cannot even begin. In such situations, the system known as public notice service (공시송달) can be used. If sufficient evidence is provided to show that direct delivery to the other party is impossible, the court will post a public notice of the complaint for a set period, after which the document is deemed to have been delivered. Returned mail, immigration records, call logs, and message history can all serve as key evidence to prove the impossibility of direct service. The court will review these materials to determine whether public notice service should be granted. Once public notice service is approved, the trial can proceed even if the other party does not respond. Because many international divorce cases fail to progress past this stage, verifying whether service requirements can be met in advance is crucial for ensuring that the case can move forward.
3. Case Example: Proceeding by Public Notice After Losing Contact with a Japanese Spouse.
Mr. B, a Korean national, experienced growing conflict with his Japanese wife just six months after their marriage. After she returned to Japan, all contact was completely lost. Despite multiple attempts to reach her via phone, messaging apps, and email, there was no response, and even her social media accounts had been deactivated. Determining that it was no longer possible to maintain the marriage, Mr. B decided to proceed with an international divorce lawsuit. However, he faced a major obstacle — he could not verify his spouse’s address, making it impossible to serve the complaint. With the help of his legal representative, he compiled returned mail, immigration records, and call logs as evidence and applied for public notice service. The court acknowledged that there were sufficient grounds to consider direct service impossible and approved service by public announcement. The case proceeded normally without the participation of the other party. The court ruled that the long-term loss of contact constituted a breakdown of the marital relationship and also recognized part of Mr. B’s claim for compensation. Mr. B subsequently completed follow-up procedures such as updating his family registry and was able to prepare for potential future legal issues as well.
4. It’s Too Complex to Handle Alone.
It was explained that when the spouses hold different nationalities, the divorce process is not as straightforward as a regular domestic case. Because the dispute involves parties of different nationalities, issues such as residency status, the child’s nationality and legal status, and court jurisdiction often need to be reviewed in addition to the grounds for divorce. As emphasized earlier, if the other party resides abroad or their whereabouts are unclear, it is common for the trial to be delayed or not opened at all because the requirements for delivering the complaint are not met. It was also noted that public notice service is not automatically granted just because the address is unknown — the credibility and organization of the supporting evidence are crucial in convincing the court. Thus, a lawsuit does not proceed immediately upon filing. If the initial procedural requirements are not met, the case can remain stalled for months without any progress. It was further pointed out that treating an international divorce like a normal domestic family case will inevitably lead to unexpected complications. From the very beginning, working strategically with a legal professional is the first and most practical step toward resolving the matter effectively.
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!
