CONTENTS
- 1. The Background to the Filing of the Appeal in the Divorce Suit
- - Appeal in the Divorce Suit: The Key Issues on Appeal
- 2. The Attorney's Assistance in Responding to the Appeal in the Divorce Suit
- - The Result of the Response on Appeal in the Divorce Suit
- 3. Divorce Litigation Appeal Procedure
- - Materials Needed to File a Divorce Suit and to Defend Against an Appeal
- - Daeryun's Assistance
- - Divorce Suit Appeal FAQ
1. The Background to the Filing of the Appeal in the Divorce Suit
This is the account of a client who came to our firm seeking assistance in responding to an appeal in a divorce suit.
The client, after experiencing conflict with a spouse with whom the client had maintained a marriage for several decades, filed for judicial divorce, and the court of first instance, finding that the marriage had broken down beyond repair, granted the client's claims in full.
The husband, however, refused to accept the judgment and filed an appeal in the divorce suit, asserting the following grounds for the appeal.
- The assertion that responsibility for the breakdown of the marriage lay with the client
- The assertion that his manner of living had been for the purpose of supporting the household
- An objection regarding the scope and subject of the division of marital property
As a result, the client was placed in the position of having to litigate, once again on appeal, a divorce matter that the client had believed was already resolved.
Appeal in the Divorce Suit: The Key Issues on Appeal
The key issues in this appeal in a divorce suit were as follows.
In particular, because the standard of judgment on appeal is whether a material misapprehension of fact or misapplication of law exists in the original judgment, a precise analysis of the first-instance record and evidence was essential.
2. The Attorney's Assistance in Responding to the Appeal in the Divorce Suit
Daeryun Law Firm conducted the case to respond to the appeal in the divorce suit with the following strategy.
① Structured Rebuttal of the Grounds for Appeal
The divorce litigation attorney broke down each of the assertions in the statement of grounds for appeal submitted by the husband and distinguished the matters already adjudicated in the first-instance judgment from the newly asserted contentions.
As a result, the attorney emphasized that most of the grounds for appeal amounted to nothing more than a repetition of the prior assertions.
② Organization of the Proof Regarding Responsibility for the Breakdown of the Marriage
The divorce litigation attorney organized the actual living relationship during the marriage, whether the duty of spousal cooperation had been fulfilled, and the husband's unilateral conduct, thereby making clear that the fault for the breakdown of the marriage lay with the husband.
③ Blocking the Assertion to Expand the Scope of the Division of Marital Property
In this case, the former spouse, upon reaching the appellate stage, asserted that even property that had not been treated as subject to the division of marital property in the original judgment should be included within the scope of division.
In response, the divorce attorney emphasized that the property in question was property that had already been formed before the marriage, or that, even if formed during the marriage, it constituted property that had devolved upon an individual through inheritance or gift.
On the basis of this preparation, the attorney consistently maintained before the appellate court that the original judgment was sound and that there was no ground for it to be altered.
The Result of the Response on Appeal in the Divorce Suit
The appellate court accepted the arguments of the Daeryun divorce litigation attorney and dismissed in their entirety the claims raised by the husband in the appeal in the divorce suit.
Accordingly, the first-instance divorce judgment became final as rendered, and the client was able to conclude the divorce procedure as a matter of law.
In addition, because the scope of the division of marital property was likewise not expanded, the client was able to prevent any additional financial disadvantage.
3. Divorce Litigation Appeal Procedure
Divorce litigation is a judicial proceeding in which one spouse petitions the court for divorce when any of the following grounds exists.
1. Where the other spouse has committed an act of infidelity
2. Where one spouse has been maliciously deserted by the other spouse
3. Where one spouse has been subjected to extremely unfair treatment by the other spouse or the other spouse's lineal ascendant
4. Where one spouse's lineal ascendant has been subjected to extremely unfair treatment by the other spouse
5. Where the life or death of the other spouse has been unknown for three years or more
6. Where there exists any other serious ground that makes it difficult to continue the marriage
If none of the grounds prescribed under the Civil Act exists, a party may file for divorce litigation after proceeding through divorce by agreement and conciliation divorce, in the event that the conciliation fails to be established.
The court of first instance comprehensively assesses the issues, including whether the marriage has broken down, the responsibility for fault, and the division of marital property and consolation money, and then renders its judgment.
A party who is dissatisfied with the judgment of first instance may file an appeal within fourteen days from the date the written judgment is served, and the procedure that proceeds at this stage is the appellate trial of the divorce litigation.
Materials Needed to File a Divorce Suit and to Defend Against an Appeal
In order to file a divorce suit and to respond to an appeal in a divorce suit, it is important to prepare the following materials systematically.
Category | Required Materials | Purpose of Use |
Marital relationship | Certificate of marital relationship, certificate of family relationship | Confirmation of the fact of marriage and of family relationships |
Breakdown of the marriage | Text and KakaoTalk messages, email, recordings, photographs | Proof of the circumstances of the breakdown and of fault |
Living relationship | Bank account transaction records, card usage records | Confirmation of the actual economic life during the marriage |
Division of marital property | Real estate register, deposit and insurance records | Determination of the scope of property subject to division |
Separate property | Materials relating to inheritance and gifts | Grounds for asserting exclusion from the division of marital property |
First-instance record | First-instance written judgment, briefs | Organization of the issues on appeal and defense |
Response to the appeal | Statement of grounds for appeal, rebuttal brief | Structured rebuttal of the assertions on appeal |
Such materials can have a direct effect on the outcome of the judgment not only at the stage of filing a divorce suit but also in the course of defending against an appeal.
Daeryun's Assistance
At the appellate stage of a divorce suit, Daeryun concentrates on a response that precisely identifies the logical structure of the first-instance judgment and neutralizes the grounds for appeal.
From the organization of the facts to the selection of evidence and the application of legal principles to the division of marital property and fault, Daeryun provides assistance with a strategy tailored to the appeal, with the goal of upholding the original judgment without an unnecessary expansion of the dispute.
If you have once again been drawn into a dispute through an appeal in a divorce suit, a response grounded in experience and strategy can be decisive.
If you require the assistance of a divorce litigation attorney with experience in divorce suits, please proceed with a 🔗legal consultation booking.
Divorce Suit Appeal FAQ
Q1. If the husband appeals, will the divorce judgment necessarily be overturned?
A. No. An appellate court alters the judgment only where the first-instance judgment contains a material misapprehension of fact or misapplication of law.
Q2. How long does an appeal take?
A. It varies according to the difficulty and issues of the case, but it ordinarily takes from several months to, in some cases, more than a year.
Q3. What happens if I do not respond to the appeal and simply leave it?
A. If you do not submit a rebuttal brief responding to the appeal or otherwise fail to respond appropriately, there is a risk that the judgment will be made solely on the basis of the assertions raised in the appeal. An active defense is therefore necessary after an appeal has been filed.
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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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