After marriage, the foreign spouse returned to their home country and lost contact — divorce by public notice service and annulment of marriage

After marriage, the foreign spouse returned to their home country and lost contact — divorce by public notice service and annulment of marriage

We summarize the divorce procedure when, after an international marriage, the foreign spouse returns to their home country and contact is lost. If the other party’s whereabouts are unknown, the case can proceed by service by publication, and if the spouse residing in Korea files the claim, jurisdiction is recognized in a Korean court. If it was a fraudulent marriage in which there was no intention to marry from the beginning, annulment of the marriage can also be considered, and divorce and annulment differ in their effect (prospective effect vs retroactive effect) and in whether division of property is recognized. A divorce by service by publication usually takes 4 to 6 months.
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