My wife cannot be reached currently while I am trying to divorce... which law firm should I visit?
Many people assume that divorce is impossible when a spouse suddenly cuts off contact, leaves the country, and even their address cannot be confirmed.
However, the mere fact that the other party’s whereabouts are unknown does not automatically terminate the marriage. At the same time, it also does not mean that the legal relationship must continue indefinitely.
To address such situations, there is a legal procedure known as divorce by public notice (service by publication).
In particular, in cases where a foreign spouse leaves for their home country shortly after marriage and remains out of contact for a long period, whether the requirements for service by publication are met becomes the key factor in proceeding with the case.
However, the direction of the procedure can vary depending on how well the requirements are proven and how thoroughly the supporting documents are prepared. Therefore, if you are considering ending the relationship, it is advisable to seek assistance from a legal representative.
Contents
1. Real Case Review: Process and Outcome of Divorce by Public Notice
2. When Contact Is Lost: How to Proceed with Divorce by Service by Publication
3. Why Strategic Decision-Making Matters in Cases Involving Foreign Spouses
4. Delaying Action Can Make the Process More Difficult
1. Real Case Review: Process and Outcome of Divorce by Public Notice
Loss of Contact Shortly After Marriage
The client married a Vietnamese national in 2017 and began their married life. However, about four months after the marriage, the spouse returned to her home country without explanation. After that, all contact—including phone calls, messaging apps, and even communication through family—was completely cut off.
The client was left in a situation where the marriage legally remained, but he could not confirm the spouse’s whereabouts or even whether she was still reachable.
As contact remained severed for a long period, the marital relationship effectively ceased to exist. Eventually, the client decided to formally end the relationship.
Court Proceedings and Key Issues
First, it was essential to demonstrate that the spouse’s unilateral departure and prolonged loss of contact constituted valid grounds for the breakdown of the marriage. The client submitted detailed explanations and supporting evidence showing that the marital relationship had not been maintained in substance, and that responsibility for the breakdown lay with the other party.
At the same time, a key issue was whether divorce through service by publication could be applied.
The client gathered and submitted evidence such as immigration records, attempts to verify the spouse’s last known address in Korea, and records of efforts to contact the spouse’s family. These materials were used to demonstrate that it was realistically impossible to serve legal documents directly to the spouse.
Based on this, the court approved service by publication, allowing the case to proceed without the spouse’s appearance. In addition, the client claimed damages for emotional distress caused by the spouse’s sudden departure and prolonged lack of contact.
Court Decision
The court recognized that the spouse’s departure and continued lack of communication were the primary causes of the marital breakdown. Through service by publication, the court granted the divorce.
Furthermore, considering the spouse’s responsibility, the court ordered the payment of 15 million KRW in damages.
Through this ruling, the client was able to formally dissolve a marriage that had existed only in name and receive compensation for the emotional distress endured during that time.
2. When Contact Is Lost: How to Proceed with Divorce by Service by Publication
If a foreign spouse remains overseas and cannot be contacted, an uncontested (mutual agreement) divorce is practically impossible. Even if you attempt to proceed through litigation, the process may come to a halt if the spouse’s address cannot be identified, as the court documents cannot be properly served.
In such cases, one available option is divorce through service by publication.
Service by publication is a procedure in which the court publicly posts the documents for a certain period, and once that period has passed, the service is considered valid—even if the other party has not actually received the documents.
However, simply claiming that “contact has been lost” is not sufficient.
It must be objectively demonstrated that the spouse’s whereabouts cannot be confirmed. In addition, evidence must be submitted showing that reasonable efforts were made to locate them, such as checking immigration records or attempting to contact acquaintances.
If these circumstances are recognized by the court, the case can proceed regardless of whether the other party appears.
In particular, in cases where a foreign spouse returned to their home country shortly after marriage and has remained out of contact for an extended period, the type and quality of evidence secured at the outset can significantly influence the course of the proceedings.
Since courts rely on verified evidence rather than mere assertions, documenting the circumstances of the loss of contact is the essential starting point for moving the process forward.
3. Why Strategic Decision-Making Matters in Cases Involving Foreign Spouses
Cases involving foreign spouses cannot be evaluated based solely on whether a divorce is possible.
First, it is necessary to determine whether a Korean court has jurisdiction and which country’s law applies. If there are children, issues such as parental authority and custody must also be considered.
The applicable law may vary depending on where the marital life was primarily based, making the initial assessment particularly important.
In cases where a spouse returns to their home country shortly after marriage and cuts off contact, the matter may not be a simple divorce—it could potentially qualify as annulment or cancellation of the marriage.
Additionally, if you intend to claim property division or alimony, you will need evidence demonstrating the substance of the marital relationship and the circumstances that led to its breakdown.
Ultimately, cases involving foreign spouses require both a determination of the applicable law and a clear strategy for what claims to pursue. For this reason, it is often more practical to seek legal assistance early on to establish the right direction and identify the necessary evidence.
4. Delaying Action Can Make the Process More Difficult
If your relationship with a foreign spouse has effectively ended, delaying action means the marriage remains legally intact.
The appropriate procedure depends on whether the case should be resolved through a simple divorce, or whether it involves annulment or cancellation of the marriage. If the spouse is overseas or out of contact, it is essential to first examine the possibility of proceeding through divorce by service by publication.
In particular, in cases such as divorce involving a runaway foreign spouse, where the person’s whereabouts have been unknown for a long time, delays in securing evidence can make it significantly more difficult to prove the necessary facts later on.
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