Korean Job Discussion Forums

[Juke John]

I was married in New York but neither of us has lived there for years so my lawyer says NY does not have jurisdiction to grant the divorce.

Anyone know how to divorce your foreign wife here in Korea?

[karincosme]

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[Draz]

That story has nothing to do with his question.

[karincosme]

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[kprrok]

The OP said nothing about alimony and child support. He just asked if he could get a divorce here if his wife is foreign like him (ie. no Korean in the marriage).

Just because you were stupid to marry such a deadbeat who doesn't help you out with your own problems doesn't mean other people need or WANT to hear about them. Deal with your own screwed up life on your own.

[karincosme]

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[GoldMember]

Though not in Korea BUT not that far away, Guam is apparently to divorces what Las Vegas is to marriage.
Do a search.

[monkinwonderland]

http://www.economist.com/world/europe/displaystory.cfm?story_id=11849262

SHE was French; he was English; they had just moved to London from Paris. When he found out about her affair, she begged for a reconciliation. He was more ruthless: the same afternoon, he filed for divorce in France, one of the stingiest jurisdictions in Europe for the non-earning spouse and where adultery affects the court�s ruling. Had she filed first in England her conduct would have been irrelevant, and she would have had a good chance of a large share of the marital assets, and even maintenance for life.

International divorce is full of such dramas and anomalies, so the natural response of policymakers is to try to make things simpler and more predictable. But the biggest attempt in recent years to do just that, in a European agreement called Rome III, has just been shelved. Instead, several EU countries are now pressing ahead with their own harmonisation deal. Many wonder if it will work any better.

At issue is the vexed question of which country�s law applies to the break-up of a mixed marriage. The spouses may live long-term in a third country and be temporarily working in a fourth. The worst way to sort that out is with expensive legal battles in multiple jurisdictions.

The main principle at present is that the first court to be approached hears the case. Introduced in 2001, this practice has worked well in preventing international legal battles, but has made couples much more trigger-happy, because the spouse who hesitates in order to save a troubled marriage may lose a huge amount of money. Rome III aimed to remove the incentive to go to court quickly. Instead, courts in any EU country would automatically apply the local law that had chiefly governed the marriage. This approach is already in force in countries such as the Netherlands. A couple that moved there and sought divorce having spent most of the marriage in France, say, would find a Dutch court dividing assets and handling child custody according to French law.

That works fine among continental European countries where legal systems, based on Roman law, leave little role for precedent or the judge�s discretion. You can look up the rules on a website and apply them. But it is anathema in places such as England, where the system favours a thorough (and often expensive) investigation of the details of each case, and then lets judges decide according to previous cases and English law.

Another snag is that what may suit middle-class expatriates in Brussels (who just happened to be the people drafting Rome III) may not suit, for example, a mixed marriage that has mainly been based in a country, perhaps not even an EU member, with a sharply different divorce law. Swedish politicians don�t like the idea that their courts would be asked to enforce marriage laws based on, say, Islamic sharia.

The threat of vetoes from Sweden and like-minded countries has blocked Rome III. But a group of nine countries, led by Spain and France, is going ahead. They are resorting to a provision in EU rules�never before invoked�called �enhanced co-operation�. This sets a precedent for a �multi-speed� Europe in which like-minded countries are allowed to move towards greater integration, rather than seeking a �big-bang� binding treaty that scoops up the willing and unwilling alike. Some countries worry that using enhanced co-operation will create unmanageable layers of complexity, with EU law replaced by multiple ad hoc agreements.

The real lesson may be that Rome III was just too ambitious. A more modest but useful goal would be simply to clarify the factors that determine which court hears a divorce, and then let that court apply its own law. David Hodson, a British expert, proposes an international deal that would start by giving greatest weight to any prenuptial agreement, followed by long-term residency, and then take into account other factors such as nationality. That would then make it easier to end marriages amicably, with mediation and out-of-court agreement, rather than a race to start the beastly business of litigation.

[Adventurer]

[Juke John]

(Sorry, went away on vacation soon after posting.)

A few more details: the wife was Mexican, I haven't seen her in 20 years, and don't even know if she is still alive even. I've had no luck in contacting her.

I've heard of common-law marriage; is there such a thing as common-law divorce? Because if there is, I'm sure I'd qualify for it.

I looked into Guam. I could have done it there years ago without actually going there, but now one actually has to go there for seven days.

The best alternative I've found so far - get ready for this - Haiti! I was warned not to eat, sleep, nor drink there, but I could fly in and out in one day and do it. It would still cost thousands of dollars from here.

[CentralCali]

There's no such thing as "common law divorce." A futher problem is that Korea does not have common law marriage.

If the person has not been seen or heard of for 20 years, you could look into the possibility of having her declared dead. A death certificate would constitute also dissolution of a marriage.

Yet another problem is if a divorce from overseas is recognized in your home country or hers.

You need the advice and assistance of a professional, a lawyer to be exact.

[michi gnome]

i recommend shopping around to compare

some of the best divorces i have ever had i got in 3rd world countries

very good discounted rates, and you could make a vacation out of it.

had a few mail order divorces, but they were not quite as fun.

funny how every divorce happened to improve the relationship between

me & my former wife at the time.

sometimes divorce gives you that extra charge you need to keep a

relationship in top shape. i'm planning another one for when i get some

vacation time next year

[Juke John]

A mail order divorce - that's what I need!

Does anyone where I can get one which does not require the wife's input?

[CentralCali]

And that's recognized back in your home country? The only way to get a valid answer is to check with a lawyer.

[ajuma]

Have you thought about contacting the American Embassy? Maybe they could help, or at least point you in the right direction.