How do I get a divorce from someone I have lost contact with or whose whereabouts are unknown?
1. Life or death of spouse, which is number 5 among the grounds for divorce in court.
If it has not been clear for more than 3 years, you can file for divorce.
‘When life or death is unclear’ refers to cases where it is impossible to prove at all whether the spouse is alive or dead.
Not only has his life and death not been revealed for more than three years, but
It must not be known at this point, and in this case, the divorce will be decided through a default trial after service by public notice.
If you are alive but have run away from home and do not know where you are,
A divorce suit must be filed by public notice on the grounds of ground number 2, 'malicious abandonment'.
2. If one spouse is declared missing, the period of disappearance is
The marriage is dissolved as if death occurred at the time of expiration.
The spouse has been unknown for 5 years (usually missing) or has suffered a war, ship sinking, plane crash, or other crisis.
If the person's life or death is unknown for 1 year (special disappearance), a spouse or other interested party may file a claim.
The court sets a period of at least six months to determine whether the absentee or anyone who knows the absentee's life or death is alive or dead.
After issuing a public notice to report, the court declares the person missing.
Once the disappearance declaration is confirmed, the missing person is
Since the person is considered dead, the marriage is dissolved just like death.
This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.
Please chat or email for specific details.
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