Do I need grounds for divorce to file a divorce lawsuit?

Hello. This is the divorce specialist attorney at Daeryun Law Firm.

According to the Civil Act, there are 6 legally recognized grounds for divorce.

However, whether they fall under the grounds is determined comprehensively considering the degree of the act, period, repetition, degree of breakdown, and possibility of recovery.

The judicial grounds for divorce recognized in the Civil Act are as follows.

1. Spouse's Infidelity

This may be recognized when the spouse has engaged in infidelity (extramarital affair, adultery, continuous inappropriate intimate relationship, etc.) with someone outside the marriage.

This refers to cases where violation of the duty of marital fidelity is clearly confirmed, rather than one-time expressions of attraction.

2. Spouse's Malicious Desertion

This refers to cases where cohabitation, support, and cooperation duties are refused or neglected without legitimate reasons, meaning a state of intentional severance and avoidance of responsibility.

3. Severely Unfair Treatment from Spouse or Their Lineal Ascendants

This applies to cases where serious violence, habitual insults, or mental abuse from not only the spouse themselves but also the in-laws can be recognized.

4. When Own Lineal Ascendants Receive Severely Unfair Treatment from Spouse

This may be grounds for divorce when lineal ascendants such as parents or grandparents continuously receive unfair treatment such as abuse, violence, or insults from the spouse, even if the direct victim is not oneself.

5. Spouse's Unknown Whereabouts for 3 Years or More

If the spouse's whereabouts cannot be confirmed for 3 years or more, marital life is virtually impossible, so a divorce claim is possible.

6. Other Serious Reasons Making it Difficult to Continue the Marriage

This is recognized when the essential function of marriage (trust, cooperation, emotional bond, etc.) has irreversibly broken down, and personality differences, habitual conflicts, violence/addiction issues, serious neglect/contempt, long-term separation, mental abuse, etc. may apply.

Therefore, in your case, if your spouse has severed relations with your family for more than 3 years and continued an attitude of disrespect toward your mother-in-law, it may fall under ground number 4.

In this case, it is important to secure conversation records, counseling history, statements from those around you, the course of long-term conflict, and mental suffering materials.

If consultation with the spouse is possible, it is good to conclude divorce procedures through consensual divorce or mediated divorce, but in situations like yours where the spouse refuses divorce, judicial divorce should be considered.

If you need additional guidance on methods of securing evidence, advantageous argument structures during divorce litigation, and the possibility of consolation money and property division, please request consultation with our firm.

Our firm's divorce specialist attorneys will accompany you through all derived legal procedures including filing divorce lawsuits, consolation money, property division, and child support claims.

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