“There are many cases where international divorce proceedings end before they even begin.”
In marriages involving a foreign spouse, conflicts often escalate into legal disputes more quickly than expected.
In particular, there are many cases where one spouse leaves the country and cuts off contact, or where disagreements over child custody become so severe that a lawsuit is considered.
In real consultations, one of the most common questions is: “I know I need to get divorced, but where do I even start?”
Even when one is ready to proceed, it is not uncommon for the case to stall for months simply because the other party’s address cannot be confirmed.
An international divorce lawsuit can only begin once the legal conditions for filing are met. Because this process involves complex jurisdictional and procedural requirements, it is often impractical to handle alone.
Therefore, it is highly advisable to prepare from the very beginning with the help of an experienced legal professional.
Contents
1. First, check whether a mutual (consensual) divorce is possible.
2. If overseas assets or child-related issues are involved, the approach must be different.
3. For a foreign spouse who has lost contact, this is how the court proceedings begin.
4. Real case – Divorce litigation involving a foreign spouse.
5. In conclusion: Before starting the process, there are several key factors to examine in an international divorce case.
1. First, check whether a mutual (consensual) divorce is possible.
When considering divorce, many people first think of a mutual (consensual) divorce, but in cases involving a foreign spouse, it is often difficult to proceed in practice. The mutual divorce procedure requires both parties to appear at the family court on a designated date. However, if the other party has already left the country or their reentry schedule is uncertain, it becomes nearly impossible to meet this requirement, and the process usually comes to a halt. Even when contact is possible, cases often fail because the other party refuses to cooperate, or because the submitted agreement form is rejected by the court due to issues such as missing translations, signature errors, or formatting discrepancies. In such situations, when a mutual divorce is not feasible, the case must proceed to litigation. At that stage, it becomes crucial to present objective evidence showing that the marital relationship has effectively ended—for example, text message records between the parties, immigration records, or documentation confirming the period and circumstances of separation.
2. If overseas assets or child-related issues are involved, the approach must be different.
When preparing for an international divorce case, issues related to property division and child custody are often deeply intertwined and complex. Regarding property matters, if assets acquired during the marriage are spread across multiple countries, the first step is to determine whether those assets can actually be divided. Even if the lawsuit takes place in Korea, foreign real estate or bank deposits must go through the laws and enforcement procedures of the respective countries, meaning the case may not conclude solely within Korea. If the other party hides assets or refuses to cooperate, it is crucial to start gathering evidence and financial records early. When children are involved, the situation becomes even more complicated if the parents have different nationalities or live in different countries. In particular, if a child is taken overseas without consent, the Hague Convention on International Child Abduction may apply, and a legal process to return the child to their original country may be initiated. Thus, an international divorce case does not end with a simple dispute. Because it involves the location of assets, the child’s living environment, and the applicable law, the overall approach must differ fundamentally from that of a typical domestic divorce.
3. For a foreign spouse who has lost contact, this is how the court proceedings begin.
One of the most common problems when preparing for an international divorce case is that the lawsuit cannot even begin because the complaint cannot be delivered to the spouse who has lost contact. In such cases, it is possible to apply for a procedure called “public notice service” (공시송달). This system allows the court to post an official notice on a bulletin board or similar platform for a set period of time when direct delivery is impossible. After that period expires, the documents are considered legally delivered. However, before approving this procedure, the court requires clear evidence proving that the spouse’s whereabouts cannot be determined. Examples include immigration records, returned mail, and records of messages sent via social media. Once public notice service is approved, the court proceedings can continue even without any response from the other party. Ultimately, in an international divorce case, the first and most crucial step is to ensure that the complaint can be lawfully served—meeting this condition is what allows the lawsuit to move forward.
4. Real case – Divorce litigation involving a foreign spouse.
Mr. B, a Korean national, married a Paraguayan spouse and lived together for about five months. One day, however, the spouse left for Paraguay without notice, and all contact was lost thereafter. Determining that the marriage could no longer continue, Mr. B sought to legally dissolve the relationship through an international divorce lawsuit. The main difficulty was that the spouse’s whereabouts were completely unknown. With the assistance of a legal representative, Mr. B compiled and submitted to the court Paraguayan immigration records, returned registered mail, and logs of messages sent via social media as evidence. Based on this documentation, the court approved public notice service, allowing the proceedings to continue without the spouse’s participation. As a result, the termination of the marriage was recognized, and part of Mr. B’s claim for damages was also granted.5. In conclusion: Before starting the process, there are several key factors to examine in an international divorce case.
An international divorce case cannot proceed simply because one spouse wishes to get divorced. A trial can only be opened after satisfying several fundamental conditions — such as whether mutual consent is possible, which court has jurisdiction, and how the complaint will be served. In particular, if the other party resides abroad or cannot be contacted, many cases end up being rejected or suspended during the filing stage because the necessary preparations were not made in advance. Our team includes both a family law attorney certified by the Korean Bar Association and a legal representative with practical experience at the Immigration Office. We first determine whether a trial can actually proceed, prepare the evidence needed for public notice service if required, and also address the foreign spouse’s immigration status after divorce. While it may seem that the divorce ruling marks the end, in reality, what follows afterward is even more important. To avoid delays or procedural obstacles, it is essential to prepare thoroughly from the very beginning.
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