“I’ve decided to end the relationship, but I don’t know how to prove the violence…”
“If I get divorced, will I be able to keep my current visa…?”
Because of these concerns, many people find it difficult to make the decision to end the relationship.
In particular, divorce in international marriages often does not end with simply terminating the marital relationship. It is also necessary to determine whether residency status can be maintained after the divorce process.
Additionally, if there has been domestic violence during the marriage, how that abuse is proven—through appropriate evidence—can significantly affect both the court’s decision and immigration review.
In this way, applying for divorce as a foreign national often requires consideration of legal procedures, proof of abuse, and residency issues all at once, making it difficult to handle alone.
If you want to resolve your situation in a stable and structured way, it is advisable to seek assistance from a Korean lawyer from the early stages.
Contents
1. Settlement or Litigation? Which Procedure Should You Choose?
2. If There Was Domestic Violence, What Preparation Is Needed?
3. Can You Maintain Your Residency Status After Divorce?
4. If the Spouse Is at Fault, Can You Claim Compensation?
5. It Is Most Important to Consider Both the Divorce Process and Immigration Status Together
1. Settlement or Litigation? Which Procedure Should You Choose?
01) Settlement (Mutual Agreement)
Even in international marriages, if both parties agree to divorce, the relationship can be legally ended through a mutual agreement process.
However, this process is not completed by simply submitting documents. Both spouses must appear in court together to confirm their intention to divorce for it to be legally valid.
Therefore, if a foreign national plans to proceed with divorce by agreement, it is essential to first confirm whether both parties can participate in the court procedure. If the other spouse agrees to the divorce and can coordinate attendance, the process can usually be completed relatively quickly.
02) Litigation (Court Divorce)
On the other hand, if the other party avoids contact or does not agree to the divorce in Korea, it becomes difficult to proceed through mutual agreement.
In such cases, the court will determine whether the divorce should be granted.
In particular, if there has been domestic violence involving a foreign spouse or repeated conflicts during the marriage, these circumstances may be considered as grounds for the breakdown of the marriage.
2. If There Was Domestic Violence, What Preparation Is Needed?
If verbal abuse or physical violence has been repeated during a marriage, it may be considered not just a marital conflict, but a legally significant issue.
In fact, domestic violence involving foreign spouses is often recognized as “serious and unjust treatment” under civil law, and there are many cases where international divorce proceedings are initiated on this basis.
However, courts do not make decisions based on allegations alone—they require supporting evidence to verify the claims.
Examples of important evidence include:
- Medical records or injury reports
- Police dispatch or incident records
- Photographs showing signs of assault
- Messenger or chat conversations
- Statements from witnesses or acquaintances
These materials play a crucial role in explaining the circumstances of the case.
Additionally, as time passes, it may become difficult to secure such evidence. Therefore, if the situation is ongoing, it is helpful to organize and preserve relevant materials as early as possible.
In particular, if you are considering filing for divorce as a foreign national, preparing evidence of the abuse in advance can play a key role in the divorce process.
3. Can You Maintain Your Residency Status After Divorce?
If a foreign spouse is staying in Korea on a marriage migrant (F-6) visa, ending the marital relationship can directly lead to residency issues. In most cases, once the marriage is terminated, it becomes difficult to maintain the existing visa status.
However, there are situations where continued stay may still be possible:
- If the individual is actually raising a minor child with Korean nationality, a change of visa status based on child custody may be considered.
- If it is established that the breakdown of the marriage was primarily the responsibility of the Korean spouse, visa extension may still be granted.
In particular, if the marriage could not be maintained due to domestic violence, this factor can play an important role in the immigration authority’s decision.
Therefore, if you are preparing for divorce as a foreign national, it is essential to review both the legal process of ending the marriage and your residency status together. With proper preparation, you can respond more effectively and maintain stability even after an international divorce.
4. If the Spouse Is at Fault, Can You Claim Compensation?
If the breakdown of a marriage is recognized as being the responsibility of one spouse, the other spouse may claim compensation (damages).
For example, domestic violence involving a foreign spouse, infidelity, or repeated verbal abuse are often considered grounds for marital breakdown.
Compensation is a monetary remedy for the emotional harm suffered during the marriage.
However, the amount is not determined solely by what the victim requests. The court considers various factors such as the length of the marriage, whether the conflict was repeated, the financial circumstances of both parties, and the extent of the harm.
Therefore, in international divorce cases, it is important to provide evidence showing that the violence or unfair conduct actually occurred. Records of abuse, psychological treatment records, message exchanges, and statements from acquaintances can all serve as supporting evidence.
In particular, if you are preparing to file for divorce as a foreign national, organizing these records in advance can be very helpful. Having sufficient documentation allows you to present your situation more clearly during the legal process.
5. It Is Most Important to Consider Both the Divorce Process and Immigration Status Together
As discussed, applying for divorce as a foreign national often does not end with simply terminating the marital relationship.
It involves multiple considerations, including:
- Whether the case can be resolved through mutual agreement
- Whether court proceedings are necessary
- How to prove domestic violence, if applicable
- How to maintain residency status after the divorce
Our team, consisting of a certified family law specialist and a visa/immigration expert, reviews each case comprehensively—addressing both the divorce process and residency issues together, and providing practical guidance tailored to your situation.
In international divorce cases, the process of ending the marriage and the issue of residency often proceed simultaneously, making it difficult to resolve everything with a single approach.
For this reason, it is helpful to first determine what procedures are available in your situation and to prepare the necessary documents in advance.
Multilingual consultation available in English and Chinese.
Professional interpreters assist from the first consultation to the conclusion of the case.
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