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Deals & Cases

Division of marital property

Incheon Divorce Attorney | Incheon Divorce Attorney Who Succeeded in Defending Against a Division of Marital Property Lawsuit

The Incheon divorce attorney represented a client who, having been sued for division of marital property, sought out a divorce attorney. The Incheon divorce attorney succeeded in defending against the division of marital property lawsuit.

CONTENTS
  • 1. Incheon Divorce Attorney, Client Consultation
  • 2. Incheon Divorce Attorney, the Client’s Situation
    • - Incheon Divorce Attorney, Assessing the Client’s Situation
  • 3. Incheon Divorce Attorney, Representing the Client
    • - Incheon Divorce Attorney, Representing the Client: The Background of the Divorce by Agreement
    • - Incheon Divorce Attorney, Representing the Client: The Settlement on Division of Marital Property and Child Support
  • 4. Incheon Divorce Attorney, Successful Defense

1. Incheon Divorce Attorney, Client Consultation

Before proceeding with the lawsuit, the Incheon divorce attorney set out to understand the situation through a consultation with the client.

2. Incheon Divorce Attorney, the Client’s Situation

The Incheon divorce attorney’s client had a minor child with the petitioner but had already completed a report of divorce by agreement.

At the time of the divorce by agreement, the petitioner had reportedly made no arrangement at all with the client regarding division of marital property. Apart from that, the client was designated as the holder of parental authority and the custodian of the minor child, and it was agreed that the client would bear the child support.

The petitioner then belatedly claimed that division of marital property had to be carried out and filed a division of marital property lawsuit against the Incheon divorce attorney’s client.

Incheon Divorce Attorney, Assessing the Client’s Situation

The Incheon divorce attorney’s client expressed a sense of injustice at this claim.

This was because, when the petitioner and the client divorced by agreement, they had agreed that the client would not claim child support from the petitioner and that the petitioner would waive any claim for division of marital property against the client.

3. Incheon Divorce Attorney, Representing the Client

Before proceeding with the lawsuit, the Incheon divorce attorney brought the client’s circumstances together and set out to represent the client.

Incheon Divorce Attorney, Representing the Client: The Background of the Divorce by Agreement

The Incheon divorce attorney’s client married the petitioner and became a lawful married couple, and children were born, forming a family of four.

A few years later, however, the client heard from an acquaintance of the petitioner that the petitioner had long been maintaining an inappropriate relationship and engaging in adulterous conduct with an employee of the cafe in the petitioner’s company building.

To confirm this, the client examined the petitioner’s mobile phone, and the petitioner had been carrying on an adulterous relationship with the cafe employee for several years.

The client then learned that, in addition to the cafe employee, the petitioner had also engaged in adulterous conduct by having sexual relations with a member of a hobby club.

Throughout the marriage, the petitioner had deceived the Incheon divorce attorney’s client and continued adulterous conduct with two men.

Upon learning of these facts, the client could not maintain the marriage with the petitioner, and, with the marriage thus brought to a breakdown, the client applied for a divorce by agreement with the petitioner, and the divorce was established.

Incheon Divorce Attorney, Representing the Client: The Settlement on Division of Marital Property and Child Support

One month after the petitioner’s adulterous conduct came to light, the client applied for a divorce by agreement. The Incheon divorce attorney’s client then filed a damages lawsuit against the cafe employee and the hobby club member for payment of consolation money in order to hold them responsible for the breakdown of the marriage caused by the adulterous conduct.

After the application for divorce by agreement, however, the petitioner suddenly disappeared, and a few months later placed a provisional attachment on real estate held in the client’s name and then filed a divorce lawsuit.

The petitioner, who had disappeared and returned, told the client that she had filed a divorce lawsuit because she had to receive property, and the client was stunned by such a statement from the petitioner.

The Incheon divorce attorney’s client told the petitioner that, if the divorce lawsuit proceeded in this way, the children could be hurt, and that the client would have no choice but to properly recover consolation money and child support from the petitioner in the divorce lawsuit, and the client asked the petitioner to reconsider the divorce lawsuit.

The petitioner then came to think that proceeding with the divorce lawsuit would bring her no benefit, and the parties mutually agreed that the petitioner would withdraw the divorce lawsuit she had filed, conclude the divorce through the divorce by agreement procedure as it stood, and waive division of marital property against the client, while the client, in turn, would not claim child support from the petitioner.

Thus, the petitioner and the client designated the client as the holder of parental authority and the custodian of the children and, as agreed, the Incheon divorce attorney’s client did not receive child support from the petitioner and the petitioner did not claim division of marital property in the future, completing the divorce by agreement and obtaining the divorce, so, because the petitioner waived the claim for division of marital property against the client, the petitioner’s claim in this case has no merit.

4. Incheon Divorce Attorney, Successful Defense

By representing the client as described above, the Incheon divorce attorney was able to block the claim for division of marital property.

Couples may live together through marriage and share common goals for one another, yet still come to divorce.

After a divorce, each party must plan a future life, so a situation like the client’s can arise, and to obtain the desired outcome, you may work with Daeryun Law Firm.

If you need assistance defending against a division of marital property lawsuit, you may reach out to an Incheon divorce attorney.

인천이혼전문변호사 | 재산분할 청구 소송 방어 성공한 인천이혼변호사

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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