[Divorce in Korea] International Divorce: Can You Get Divorced If Your Foreign Spouse Has Left and You Have Lost Contact?

What Happens If Your Spouse Suddenly Disappears?

There are more cases than many people realize in which a foreign spouse suddenly leaves the marital home and completely cuts off all contact. Their phone number may have changed, and it may even be impossible to determine whether they have returned to their home country.

In situations like these, many people worry

"If I can't contact my spouse, does that mean I can't get divorced?"

Even if you cannot reach your spouse, an international divorce may still proceed through the appropriate legal procedures. In particular, if your foreign spouse has been missing for an extended period and their whereabouts cannot be confirmed, you may be able to pursue a divorce through service by public notice.

1. If Your Foreign Spouse Has Left, an Uncontested Divorce May Not Be Possible

2. When Is Divorce by Service by Public Notice Available?

3. Simply Losing Contact Does Not Automatically Qualify for Service by Public Notice

4. Overseas Residence Is Also an Important Factor in International Divorce

5. Once the Service by Public Notice Is Approved, the Divorce Proceedings Continue

1. If Your Foreign Spouse Has Left, an Uncontested Divorce May Not Be Possible

An uncontested divorce requires both spouses to agree to the divorce and complete the necessary procedures together. Therefore, if your foreign spouse has left and all communication has been lost, an uncontested divorce is often no longer a realistic option.

In such cases, the matter generally needs to proceed through a judicial divorce.

However, the court will not automatically begin the proceedings simply because communication has been lost. Instead, it will consider factors such as

✅ Confirmation of the spouse's last known address

✅ Attempts to serve legal documents

✅ Whether the spouse's whereabouts can be determined

before deciding how the case should proceed.

2. When Is Divorce by Service by Public Notice Available?

A divorce through service by public notice may be available when the other spouse's address or place of residence cannot be identified, making ordinary service of legal documents impossible.

If the court objectively determines that the spouse's whereabouts are unknown, it may permit service by public notice to allow the divorce proceedings to continue.

3. Simply Losing Contact Does Not Automatically Qualify for Service by Public Notice

Some people assume,

"If I can't contact my spouse, I can immediately file for divorce through service by public notice."

In reality, the process is more cautious than that.

The court first examines what efforts the applicant has made to locate the other spouse.

For example, the court may review

Only after considering these factors comprehensively will the court decide whether to approve service by public notice. For this reason, preparing sufficient supporting evidence is extremely important.

4. Overseas Residence Is Also an Important Factor in International Divorce

Unlike ordinary divorce cases, international divorce often involves cross-border issues.

The procedures may differ depending on whether the foreign spouse has already left Korea, remains in Korea, or holds the nationality of another country. If the spouse's overseas address is known, international service of legal documents may be required. If the address cannot be identified, the possibility of proceeding through service by public notice should be considered.

In other words, not every international divorce follows the same procedure.

Legally, the marital relationship continues to exist, which may create unexpected problems involving remarriage, property rights, and various administrative procedures.

If your foreign spouse has been absent for a long period, it is often advisable to explore the legal options currently available rather than leaving the situation unresolved.

5. Once the Service by Public Notice Is Approved, the Divorce Proceedings Continue

If the court approves service by public notice, the divorce proceedings may continue after the legally required publication period, even if the other spouse never actually receives the documents.

The court will then examine all submitted evidence, including the circumstances leading to the breakdown of the marriage, before deciding whether to grant the divorce.

Accordingly, simply losing contact with your spouse does not automatically guarantee a favorable judgment. It remains essential to demonstrate that the marital relationship has irretrievably broken down objectively.

Although it may feel overwhelming when a foreign spouse has been missing for an extended period, legal solutions such as divorce through service by public notice may still be available if the necessary legal requirements are satisfied.

The appropriate procedure ultimately depends on the facts of each case, including whether the spouse's whereabouts can be determined, whether the spouse has left Korea, and whether an overseas address is known.

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Professional interpreters assist from the first consultation to the conclusion of the case.  

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