Ulsan Divorce Attorney | Assisting a Client Who Became the 'Defendant' in a Divorce Suit, Resulting in Dismissal of the Plaintiff's Claim

The circumstances of the litigation as reviewed by the divorce attorney are as follows.

The client had two children and had maintained a marriage with his wife for more than ten years.

One day, he suddenly received a divorce complaint from his wife, with whom he had ordinarily had conflicts over how to raise their child.

The wife stated that she was seeking a divorce because the client had been excessively neglectful of the family.

However, the client could not accept this claim by his wife.

He therefore came to the Ulsan divorce attorney to request a consultation.

◈ Relevant Statutes

Civil Act Article 840 (Grounds for Judicial Divorce) Either spouse may apply to the Family Court for a divorce in any of the following cases:

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 extremely unfairly treated by the other spouse or that spouse's lineal ascendants;

4. Where one spouse's own lineal ascendant has been extremely unfairly treated by the other spouse;

5. Where the death or life of the other spouse has been unknown for three years or more;

6. Where there exists any other serious cause making it difficult to continue the marriage.

◈ Relevant Precedent

“The ground for divorce provided in Article 840, Item 6 of the Civil Act, namely 'where there exists any other serious cause making it difficult to continue the marriage,' refers to a case in which the marital community of life, which should be based on the affection and trust between spouses corresponding to the essence of marriage, has broken down to an irreparable degree, and compelling the continuation of married life becomes intolerable suffering for one spouse. In making this determination, the court must comprehensively consider the presence or absence of an intention to continue the marriage, the presence or absence of the parties' responsibility for the breakdown, the duration of the married life, the presence or absence of children, the ages of the parties, the security of life after divorce, and various other circumstances of the marital relationship. (Supreme Court Judgment of March 25, 2021, Case No. 2020Meu14763)

The wife claimed that, from the time the child was born, her relationship with the client had grown rapidly distant.

She asserted that the client would not even make contact with her, and that as a result the two came to use separate rooms.

However, this was not true.

That period was when the client was very busy with work at his company. As he worked day and night, his health deteriorated to the point that he underwent surgery.

The client's argument is that, although his wife may have felt hurt because of a lack of physical time together, there was no neglect to the degree that could be cited as a ground for divorce.

There was no clear ground requiring the two to divorce.

Of course, while raising their child, the two did occasionally quarrel over the method of childcare.

This was because, when the client brought up the subject of childcare, the wife reacted sensitively and conversation became impossible.

However, this was the kind of conflict that many couples raising children might experience.

The point is that it is difficult to find a 'serious cause making it difficult to continue the marriage' as provided by the Civil Act.

The client made clear his position that he did not want a divorce from his wife.

Even after the suit was filed, the client continuously made efforts to restore the relationship with his wife.

Above all, the two had beloved children together.

There were no problems whatsoever among the children, the client, and his wife.

In this situation, it was difficult to tell the children of their parents' divorce. It was also impossible to make children who had been getting along well live apart because of their parents' divorce.

How would it feel if a divorce complaint suddenly arrived from your spouse one day?

You would inevitably be very bewildered and confused about where and how to respond.

Once a suit has been filed, it is important to promptly obtain the help of a defense team and establish a strategy.

This is because the court can be persuaded only when a clear explanation is provided as to why the divorce should not be established, or why the marriage should be maintained.

Daeryun Law Firm, to which the Ulsan divorce attorney belongs, operates a divorce group composed of attorneys with extensive experience in divorce litigation.

If you have any inquiries regarding a divorce suit, you are welcome to request a consultation from the Ulsan divorce attorney at any time.