Foreign divorce procedures cannot be resolved under Korean law alone.
As the number of foreign nationals residing in Korea has steadily increased in recent years, cases of couples considering divorce after marriage have also noticeably risen.
In particular, for couples of different nationalities, it is not simply a matter of mutual divorce. Practical concerns arise together, such as:
- Which country’s law applies
- How to proceed with the divorce litigation process
- Whether nationality issues will affect residency status
Divorce litigation is not merely about dissolving the marital relationship—it is a complex legal process that must consider procedure, nationality, and residency issues together.
Contents
1. Can a foreign divorce lawsuit be filed in Korea even when the spouses have different nationalities?
2. Which country’s law applies in a foreign divorce case?
3. What is the most commonly overlooked issue in foreign divorce proceedings?
4. Why is preparation for a foreign divorce case considered complex?
1. Can a foreign divorce lawsuit be filed in Korea even when the spouses have different nationalities?
In conclusion, in many cases it is possible.
Even if the spouses have different nationalities, a divorce lawsuit can be filed in a Korean court if they have lived in Korea for a certain period or if the center of their marital life was in Korea.
However, not every case automatically falls under Korean jurisdiction, so determining international jurisdiction is critically important in foreign divorce proceedings.
At this stage, the key criteria are the parties’ residence and the substantive center of their marital life.
2. Which country’s law applies in a foreign divorce case?
The area that foreign nationals most often find confusing is the applicable law.
Even when the spouses have different nationalities, the governing law is determined by comprehensively considering factors such as:
- The spouses’ common nationality
- The substantive place where the marital life was based
- The parties’ current country of residence
In other words, it is not decided mechanically—foreign divorce cases are examined carefully on a case-by-case basis. If this determination is made incorrectly, there is a risk that the proceedings may be delayed or even dismissed.
3. What is the most commonly overlooked issue in foreign divorce proceedings?
In divorce litigation involving a foreign spouse, the issue that most frequently arises is service of process.
Unlike ordinary divorce cases, in foreign divorce proceedings the other party often resides overseas or has only a foreign address. In such situations, the registered mail methods commonly used in domestic divorce cases cannot properly deliver the complaint or court documents.
In particular, if the address is unclear or contact has been lost, there are many cases where the lawsuit cannot even begin and remains stalled for a long period.
In these circumstances, foreign divorce procedures require selecting an appropriate service method based on the situation, such as:
- International registered mail service
- Service through diplomatic channels
- Service by public notice
The method also varies depending on the country of residence. If this issue is overlooked, the divorce proceedings can be delayed for several months or more.
4. Why is preparation for a foreign divorce case considered complex?
Legal separation from a foreign spouse is not merely a civil matter.
Depending on the outcome of the divorce, it can affect:
- The foreign national’s residency status
- Whether the visa can be extended
- The possibility of a departure order
In particular, for foreign nationals, administrative decisions may be made at the immigration stage, so a strategy that considers both procedural and nationality issues together is necessary.
Foreign divorce litigation does not end with the court judgment—the subsequent immigration administrative process may continue. There are many cases that proceed to stages such as change of residency status, refusal of extension, or review of departure.
Therefore, when pursuing legal separation with a foreign spouse, an approach that analyzes the residency situation is essential.
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