Divorce Litigation Law Firm | Full Dismissal Judgment Against a Husband's Unjust Divorce Claim

From the early stage of the case, the Daeryun divorce specialist attorney took the following strategic approach.

1. Structuring the Facts of the Act of Infidelity

The fact that the husband introduced himself to another woman as single and dated her constitutes an ‘act of infidelity’ under Article 840, Item 1 of the Civil Act.

The attorney systematically organized the contents of the relevant KakaoTalk conversations, the possibility of securing a statement from the other woman, the timing, and the manner of conduct, and established the husband's fault (the principal cause of the breakdown of the marriage).

2. Collapse of the Husband's Assertions and His Logic of Shifting Responsibility

The husband's assertions that “she does not keep in contact with the in-laws” or that there was a “breach of the duty of fidelity in the marital relationship” do not constitute a serious ground making it difficult to continue the marriage (Article 840, Item 6 of the Civil Act), and the attorney logically rebutted them, showing that the actual cause of the breakdown of the marriage was the husband's affair.

The attorney submitted as materials the fact that the problem of the relationship with the in-laws originated from the in-laws' interference and conflict, and that the client had faithfully fulfilled her efforts to maintain the family and her parenting responsibilities.

3. Strategy Based on the ‘Principle of Fault’

The divorce law system of the Republic of Korea is fundamentally based on the principle of fault.

That is, a person responsible for the breakdown of a marriage cannot, in principle, file a divorce claim.

The attorney intensively argued that, on the grounds that the husband was the at-fault spouse who had committed the act of infidelity and that the client did not wish for a divorce, the plaintiff's divorce claim itself could not be legally permitted.

4. Establishing the Unjustness of the Claims for Consolation Money and Division of Marital Property

The claims for consolation money and division of marital property filed by the husband were unjust claims by which, despite being the ‘at-fault spouse,’ he sought to shift financial responsibility onto the other party.

The attorney presented the following as supporting materials.

• The fact that the client had exclusively taken charge of childcare and household labor during the period of marriage
• The fact that the economic contribution was, on the contrary, higher on the client's part
• The fact that the marital relationship had substantively broken down due to the husband's act of infidelity

In this way, the attorney persuasively argued that the claims for consolation money and division of marital property were likewise without merit.

The court accepted the arguments of the Daeryun divorce specialist attorney and dismissed in their entirety the husband's divorce claim, claim for consolation money, and claim for division of marital property.

In particular, the court rendered its dismissal judgment after comprehensively considering the fact that the principal responsibility for the breakdown of the marriage lay with the husband, the fact that the client had faithfully worked to raise the child and maintain the family, and the client's wish not to divorce together with the necessity of maintaining the marriage.

This result was a conclusion that would have been difficult to obtain without Daeryun's initial analysis of the facts, application of the legal principle of fault, structuring of the evidence, and strategy for persuading the court.

After succeeding in having the husband's divorce lawsuit dismissed, the client intends to continue receiving the assistance of the Daeryun divorce specialist attorney and to proceed in earnest with a claim for consolation money against the partner in her husband's act of infidelity and with her own divorce claim.

The grounds for judicial divorce under Article 840 of the Civil Act, that is, the grounds on which divorce litigation may be filed, are as follows.

When you become the defendant in divorce litigation, the following responses are advantageous.

1. You should examine whether the plaintiff's grounds for the divorce claim satisfy the requirements of Article 840 of the Civil Act.
2. Under the fault-based principle, when the other party bears substantial fault, the divorce claim itself may be subject to dismissal.
3. You should organize the causes of the marital breakdown and secure evidence (such as KakaoTalk messages, text messages, and recordings).
4. Monetary claims, such as those for custody, division of marital property, and consolation money, should be defended on the basis of objective contribution and the actual circumstances of married life.
5. Because the initial response is most important, the legal principles and the facts should be precisely organized at the stage of the answer and the preparatory briefs.