International divorce attorney, which country's law applies when divorcing a foreign spouse?

Hello. This is an international divorce attorney at Daeryun Law LLC.

If one of the spouses is a national of the Republic of Korea who has a habitual residence in the Republic of Korea, the divorce is governed by the law of the Republic of Korea.

The legal criteria concerning divorce vary depending on several factors.

It is mainly governed by the law of the country most closely connected with the couple, along with the spouses' nationality and place of residence.

To put it simply, the law that applies when proceeding with a divorce is determined in the following order.

First, it is the spouses' common national law.

If the two persons hold the nationality of the same country, the law of that country may apply.

Second, it is the law of the spouses' common habitual residence.

The law of the country where they mainly reside may apply upon divorce.

Finally, it is the law of the place most closely connected with the couple.

Comprehensively considering the couple's relationship and circumstances, the law of the country with the closer connection may apply.

However, for the details, it is advisable to confirm the exact legal procedure and the applicable law by consulting with an international divorce attorney.