Q) I am seeking a Korean divorce lawyer for my divorce case against my Korean wife. She lives in Seoul, Korea. I am American and live in California. We had a wedding ceremony in California. We visited South Korea right after the ceremony to file a marriage report with the Korean local government office in Seoul. However, things didn’t go well. She left and we started a separation right after the report. We lived together only for a week. She had some bipolar issue and that caused lots of stress to our relationship. I was not 100% sure when filing the marriage report. I am wondering if i can file for an annulment or a divorce in Korea.
A) First of all, assuming your wife has a habitual residence in Korea, the Korean family law shall apply here.
Under Korean law, annulment and revocation of marriage are recognized. I think, however, annulment and revocation/cancellation of marriage claims are not easy to be established here.
Under the Korean law, the annulment requires a lack of genuine intent of marriage. It seems, however, that you agreed to file the marriage report, which is the strong evidence that you had a genuine intent of marriage. Of course, this intent is reviewed and decided at the time of the marriage report, not later. Continue reading