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Legal information on immigration, visas, criminal defense, and international divorce for foreign nationals.

법률칼럼Legal InsightForeigner2026. 05. 19

How to win an international divorce lawsuit

When two people of different nationalities marry and begin living together, they are bound to face various challenges. I

When two people of different nationalities marry and begin living together, they are bound to face various challenges. In particular, when a foreign woman relocates to Korea to build a family with her Korean husband, she often must endure a range of difficulties—such as limited job opportunities and adjusting to an unfamiliar living environment. While she may have chosen life in a foreign country out of deep love for her husband, the reality of day-to-day life can bring unexpected hardships, and over time, that love may begin to fade. As a result, there has been a noticeable increase in cases where foreign spouses engage in infidelity while married to Korean husbands. The case we’re sharing today involves a Korean husband seeking a divorce and alimony after discovering that his Chinese wife had an affair. If you can no longer tolerate your foreign spouse’s infidelity, you will eventually need to proceed with an international divorce lawsuit.

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International divorce requires careful legal review
Because divorcing a foreign national involves complicated issues related to visas and immigration status, it is crucial to work with a lawyer who specializes in international divorces, not just a general divorce attorney.

Contents

1. Case Study: International Divorce caused by infidelity
2. I want to claim alimony through a international divorce lawsuit
3. Result of the International Divorce case
4. How to successfully proceed International Divorce lawsuit

1. Case Study: International Divorce caused by infidelity

The client who visited Majung is a Korean man in his 40s seeking a divorce from his Chinese spouse and requested legal assistance for both the divorce proceedings and a claim for alimony (compensation for mental distress). Here are the details of his case:

About three years ago, the client met a Chinese woman, and after dating for a period of time, they got married. Due to work-related reasons, his wife, who holds Chinese citizenship, frequently traveled back and forth between Korea and China even after their marriage. As a result, the couple had to spend long periods apart. Despite the physical distance, they maintained regular contact, so the husband had no reason to suspect infidelity.

However, after his Chinese wife eventually moved to Korea and they began living together, the client started to notice strange behavior from her. He witnessed her making frequent secret phone calls, and also noticed that her attitude toward him had changed significantly compared to before.

While still only suspicious, the husband happened to check his wife’s smartphone, where he found numerous photos of her with another Chinese man, along with a large volume of text messages. Feeling deeply betrayed by his spouse, the client ultimately decided to pursue a divorce and sought compensation for the emotional damage he had suffered.

Accordingly, he contacted Majung Law Firm, which specializes in foreign-related legal matters, to receive legal support for the divorce lawsuit and alimony claim.

2. I want to claim alimony through a international divorce lawsuit

Through Majung’s expertise in resolving cases, if you wish to file for divorce due to international divorce issues or infidelity by a foreign spouse, the most important factor is to prove that the spouse is responsible for the breakdown of the marriage. Majung took the following measures to help the client successfully receive alimony from the spouse:

RESPONSE
A. Securing evidence of infidelity
First and foremost, concrete evidence of the spouse’s affair was thoroughly gathered to support the claim of infidelity.

This included collecting message logs between the Chinese wife and her lover, photos taken together, and the spouse’s credit card usage records.
B. Asserting the client’s efforts
The client also asserted that despite the spouse’s infidelity, he made every effort to maintain the marriage.

It was emphasized that even after becoming aware of the affair, the client tried to resolve the situation amicably through dialogue, but due to the spouse’s unreasonable behavior, he ultimately decided to divorce.
C. Claiming emotional distress
The significant emotional trauma suffered by the client due to the betrayal by his trusted spouse was also strongly argued.

On this basis, Majung firmly insisted that alimony must be awarded by the foreign spouse who caused the collapse of the marriage and led to the divorce.

3. Result of the International Divorce case

RESULT
As a result of Majung’s vigorous legal defense, the court accepted the client’s claims and made the following ruling: The plaintiff and defendant are to proceed with a divorce. The defendant was ordered to pay the plaintiff 30 million KRW in alimony.

4. How to successfully proceed International Divorce lawsuit

In an international divorce lawsuit, in order to receive alimony from an unfaithful spouse, it is essential to clearly prove that the breakdown of the marriage was caused by the other party.

CHECK POINT
A. It is crucial to thoroughly secure evidence of the affair and respond strategically.
With the help of a lawyer experienced in adultery-related cases, you must meticulously gather evidence such as call records, text messages, and photographs to prove your spouse’s fault. If you’ve been betrayed by a foreign spouse’s infidelity, the sense of betrayal and anger can be overwhelming. However, simply enduring the situation will not lead to any improvement. If living with your spouse is no longer an option, promptly deciding to file for an international divorce may be a practical solution.
B. Unlike domestic divorces, international divorce lawsuits involve multiple legal procedures and considerations.
It is highly recommended to work with a legal expert who has extensive experience handling foreign-related divorce cases to carry out the process in a systematic manner. At Majung, we provide a one-stop solution with a team that includes family law-certified attorneys and lawyers with immigration office experience, helping you not only win your divorce case, but also navigate complex residency issues involving your foreign spouse. Foreign Specialized Support at Majung Foreigner Center Multilingual consultation available in English and Chinese. Professional interpreters assist from the first consultation to the conclusion of the case. Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju. Don’t face the legal system alone. Let Majung fight for you!

At Majung, we understand that international divorce cases require consideration of not only the divorce procedure itself, but also the immigration status, residence issues, and future legal consequences that may follow after the divorce.

If you are experiencing difficulties due to a foreign spouse’s infidelity, it is important to carefully review the available legal options and prepare the necessary evidence before proceeding with an international divorce lawsuit.

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International divorce requires a comprehensive approach
Divorce involving a foreign spouse may involve additional issues beyond the divorce itself, including residence status and immigration procedures. Therefore, it is important to consider the overall legal situation when preparing for the case.

Majung provides legal assistance for various foreign-related family matters by reviewing each case based on the specific circumstances of the client. Through systematic preparation of evidence and careful examination of legal issues, we help clients understand their options and proceed with the necessary procedures.

In international divorce cases, the process may become more complicated depending on the nationality of the spouse, residence status, applicable law, and the location where the evidence must be collected.

Therefore, rather than approaching the matter only as a divorce issue, it is necessary to review the entire legal situation, including the possibility of alimony claims, evidence preparation, and immigration-related considerations.

PROCESS
International divorce proceedings require
careful preparation at each stage
Step 1
Review of marriage relationship, nationality, residence status, and applicable legal issues
Step 2
Collection and organization of evidence proving the cause of divorce
Step 3
Proceeding with divorce litigation and related claims based on the prepared materials

If you are considering an international divorce due to a foreign spouse’s infidelity, early legal review may help you understand the necessary procedures and prepare an appropriate response based on your circumstances.

Majung assists clients in foreign-related family matters by considering both domestic family law issues and immigration-related factors that may arise during or after the divorce process.

CHECK POINT
Evidence preparation is an important part of international divorce
Documents, communication records, photographs, and other materials related to the spouse’s misconduct may become important evidence depending on the circumstances of the case.
International divorce should be reviewed together with immigration issues
Since divorce may affect the foreign spouse’s residence status and future procedures, it is necessary to consider related issues together rather than focusing only on the divorce judgment.

When proceeding with an international divorce lawsuit, each case requires a review of various factors, including the relationship between the spouses, the cause of the divorce, available evidence, and the legal procedures applicable to foreign nationals.

In particular, where a divorce involves a foreign spouse, matters such as residence status, visa issues, and future living arrangements may also need to be considered together with the divorce proceedings.

RESPONSE
Review the cause of divorce and organize supporting materials
In order to claim responsibility for the breakdown of the marriage, it is important to organize objective materials that can support the facts and circumstances of the case.
Consider related immigration matters together
Since the outcome of an international divorce may be connected to immigration procedures, it is necessary to review potential effects on residence status and related legal matters.
Prepare the case according to the specific circumstances
Because every international divorce case has different facts and legal issues, a strategy based on the individual circumstances may be necessary.

Majung provides assistance for clients facing difficulties in international divorce cases by carefully reviewing the legal issues involved and preparing the necessary procedures based on each client’s situation.

Our foreign-related legal support includes multilingual consultation in English and Chinese, professional interpretation assistance, and guidance throughout the process from initial consultation to the conclusion of the case.

Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju are available to provide consultation support for clients dealing with international legal matters.

Don’t face the legal system alone. Let Majung fight for you!

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