We divorced in the US years ago, but my Korean ex is apparently still listed as married to me in Korea — does our American divorce count there?

Your American divorce is real and, in all likelihood, valid in Korea. The problem is not the divorce; it is the register. Korea keeps a family relationship register for its nationals, and a foreign divorce is not entered on it automatically — someone has to report it. Nobody did, so your ex-wife's register still shows the marriage, which is why she cannot remarry. You did nothing wrong five years ago; the reporting duty was hers as the Korean national. But fixing it needs a document from you, and it is in your own interest to help, because a Korean register showing you as her husband is an untidy fact for a man who has remarried.

Why Korea "doesn't know"

When a Korean national marries or divorces abroad, the event is valid where it happened, but it reaches the Korean family register (가족관계등록부, gajok gwangye deungnokbu) only by a report (신고, singo) filed by the Korean party at a consulate or a district office in Korea. Your marriage was reported — that is why she shows as married. The divorce never was. The register simply reflects the last thing it was told.

Does the US divorce count in Korea?

A foreign judgment is recognised in Korea under Article 217 of the Civil Procedure Act (민사소송법, minsa sosong-beop) where the foreign court had jurisdiction under Korean standards, the defendant was properly served or appeared, recognition does not offend Korean public policy, and there is reciprocity. A contested or consented divorce decree from a US state court, after twelve years of marriage lived in that state, meets those requirements in the ordinary case. For divorce judgments, Korean practice allows the divorce to be reported directly to the register with the foreign judgment and supporting documents; the registrar reviews the Article 217 requirements on the papers. A separate Korean court proceeding to "recognise" the divorce is not normally required unless the registrar has doubts — most commonly about whether the Korean spouse was properly served or participated.

That is what she is asking you for. The report needs the decree, proof that it is final, and evidence about how the case was conducted — in particular, that both of you took part or that she was served. Because you are the other party, a signed statement from you confirming the divorce and her participation is the simplest way to answer the registrar's questions.

What she needs, and what you provide

From the US side: a certified copy of the divorce decree; a certificate or docket entry showing it is final; if available, proof of service or her appearance; an apostille on each public document (the US and Korea are both Hague Apostille Convention parties); and Korean translations, which are typically done in Korea. From you: a short declaration, notarised and apostilled, confirming the divorce, the date, and her participation. If she asks you to sign a Korean divorce report form itself, understand that you would be signing as the foreign spouse confirming a divorce that already occurred — not consenting to a new one.

If the registrar refuses the report, the fallback is a declaratory action in a Korean court to confirm the divorce, which can proceed with your cooperation by documents, and without your presence in Korea.

What this means for you

Your current marriage is valid where it was celebrated and is not affected by a Korean administrative record about a prior spouse. There is no bigamy question: bigamy concerns a second marriage while a first is actually in force, and the first ended five years ago by a valid judgment. What the uncorrected register can do is create friction — if you ever have dealings in Korea, if her side later disputes something, or if a Korean court is ever asked about your marital history. Correcting it costs you a notarised statement and a few documents. Leaving it costs you nothing today and an unpredictable amount later.

Practical insight

These cases stall on two points: the foreign spouse who refuses to help out of old resentment, forcing a court proceeding that takes a year; and the assumption that the decree alone is enough, when the registrar wants proof that the Korean spouse participated. Send her the full bundle once, apostilled, and it is usually done at the district office. The other thing to do while you are gathering documents: keep copies of everything you send, because you may be the one who needs them in future.

If she has engaged a lawyer in Korea, they should tell you exactly what form your declaration should take. If she has not, we can prepare the reporting package and coordinate with you in the US — by text consultation or at +82-2-522-3959.

— MEGA X Law Firm Korea, International Family Law Team