[Table of Contents & Summary]

This post explores the legal requirements, procedures, and key issues for International Divorce cases handled within the Korean judicial system.

1. Establishing Jurisdiction in Korea: Criteria for handling cases involving spouses living abroad or foreign nationals.

2. Applicable Law and Divorce Methods: Application of Korean law and the distinction between Mutual Agreement and Contested Divorce.

3. Key Legal Issues: Grounds for "irretrievable breakdown," property division, and child custody.

4. Legal Representation for Overseas Residents: How to proceed with a case through a lawyer without visiting Korea.

1. Can an International Case Be Handled in Korea? (Jurisdiction)

Many international couples or expats wonder if their divorce case can be processed in Korea, especially when one or both spouses are currently living outside the country.

At Cheong-Chul Law Firm, we advise that the answer is "Yes," provided there are meaningful connections to Korea. Jurisdiction may be established if:

• At least one spouse holds Korean nationality.

• Korea was the last place the couple lived together as a married unit.

• There are assets (such as real estate) located within Korea.

2. Governing Law and Methods of Divorce

When a divorce is handled in Korea, Korean law is usually applied to determine the validity of the divorce and resolve financial matters between the spouses. [00:025]

Under Korean law, there are two primary ways to dissolve a marriage:

• Divorce by Mutual Agreement: This applies if both spouses agree on the divorce and all related terms.

• Contested Divorce: If an agreement cannot be reached, one party may file a lawsuit to initiate contested proceedings.

3. Key Issues: Marriage Breakdown and Asset Division

In contested cases, the pivotal question is whether the marriage is considered "irretrievably broken down" under the standards of Korean law.

The court proceedings also address critical issues such as:

• Property Division: Specifically focusing on assets located in Korea.

• Child Custody: Determining the best interests of the child in an international context.

4. Proceeding via Legal Representation While Abroad

One of the most significant advantages of the Korean legal system for international clients is that the case can proceed even if both spouses are staying abroad.

By appointing a legal representative (Attorney) in Korea, you can have your case handled efficiently without the need for constant international travel. Your lawyer acts on your behalf to manage all filings and court appearances.