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 Read the rest of this entry »
Posted by chungwi 
