Where do I file for divorce in an international marriage?

What the Law Says

South Korean law sets clear rules for where to file divorce in international marriages, based on residency, marriage registration, and nationality.

Under the Civil Act, South Korean courts have jurisdiction over divorce cases when at least one spouse is domiciled or has resided in South Korea for at least six months before filing. This applies even if one or both spouses are foreign nationals.

The Family Litigation Act further specifies that family court proceedings — including divorce — must be filed in the court with jurisdiction over the defendant’s residence, or the plaintiff’s residence if the defendant lives abroad. If neither party resides in Korea, but the marriage was registered in Korea, the Seoul Family Court has jurisdiction.

If no residence can be established in Korea, and the marriage was not registered here, Korean courts may decline jurisdiction — meaning you may need to file abroad.

Statutory Text

A suit relating to status of persons shall be brought before the court having jurisdiction over the defendant’s domicile; provided that if the defendant has no domicile in the Republic of Korea, the suit may be brought before the court having jurisdiction over the plaintiff’s domicile.

— Civil Act, Art. 27 — Jurisdiction over Status Suits

Statutory Text

In cases where a party does not reside in the Republic of Korea, the family court having jurisdiction over the other party’s residence shall have jurisdiction over the case.

— Family Litigation Act, Art. 3 — Jurisdiction in Family Cases

What to Do

Sources