Q) I have some questions about marriage and divorce law in Korea regarding two internationals living in Korea-one is a U.S. citizen, the woman is neither a citizen of Korea nor the U.S. The woman was forced into a first marriage, against her will, when she lived in her home country. Can she divorce in absentia and then re-marry in Korea?
A) The Korean court permits international divorce lawsuit basically if the both foreign parties are living in Korea. If the husband does not reside in Korea, as your question, the divorce lawsuit can be accepted only when she fails to locate him or he answers the lawsuit filed under Korean court.
Regarding the governing law, the divorce case shall be governed in the following order under Korean law:
- the same law of nationality of both spouses
- the same law of habitual residence of both spouses
- the law of the place where is most closely connected with both spouses.
The Korean court shall decide if the divorce can be justified and effective based on the contents of relevant governing law.
Regarding justifiable causes for divorce under Korean law, you can find it here.
One thing should be noted is that she has to check her local lawyer or agency(relevant embassy) with further requirements which must be undertaken to make divorce judgment from Korean court effective in her own country.
The same goes to a new marriage in Korea. Basically foreigners can marry to each other in Korea according to the Korean law. This link could give you useful information as one of the parties in your question is U. S. citizen.
I hope this to be of assistance to you. If you have more question about foreign couple’s divorce or marriage in Korea, please visit our Legal Consultation center or send your inquiry email directly to Mr. Wonil Chung (askkorealaw@gmail.com).
© 2010 Mr. Wonil Chung, a Korean Lawyer/Chung & Partners, a Korean Law Firm. All rights reserved.
i want to ask if my situation ill married korean man always figthing and ill work within 3yrs half my salary is nothing ill give my mother in law husband house boiler and other so i just only for me is the bus card using for my transfortation and some allowance and then another give to my husband he said we need to save a money but my husband salary ill he never give me if i need a money ill tell him but many words or i need back his money if he give me i want to divorce him but because of my son so many problem and also stress not just only because of the money another problem his family and also of my husband attitude is very hard what can i do please help me… name ana