Assistance from the Uijeongbu Law Office | Divorcing Client Succeeds in a Claim for Child Support Following Division of Marital Property

The client who came to the Uijeongbu law office was a legally married spouse who had completed a marriage registration with her husband, and they had lived together with a child.

The client's married life with her husband was not harmonious.

This was because, during their married life, the husband frequently resigned from jobs and had no regular income, repeatedly left home, and did not take care of the family.

Then, the husband demanded a divorce from the client and threatened her.

The client therefore requested assistance from the Uijeongbu law office for parental authority and the right of custody, as well as division of marital property, in divorce litigation against her husband.

■ Legislation related to divorce litigation as explained by the Uijeongbu law office

▶ Civil Act Article 840 (Grounds for Judicial Divorce)

Either spouse may file a claim for divorce with the family court 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 received grossly unfair treatment from the other spouse or the other spouse's lineal ascendant

4. Where one's own lineal ascendant has received grossly unfair treatment from the other spouse

5. Where the whereabouts of the other spouse have been unknown for three years or more

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

▶ Civil Act Article 837 (Responsibility for Child Custody Upon Divorce)

(1) The parties shall determine matters concerning the custody of the child by agreement.

(2) The agreement under paragraph (1) shall include the following matters:

1. Determination of the custodian

2. Bearing of the costs of custody

3. Whether visitation rights are to be exercised, and the method thereof

(3) Where the agreement under paragraph (1) is contrary to the welfare of the child, the family court may order its correction or, ex officio, determine the matters necessary for custody, taking into account the child's intentions and age, the parents' financial situation, and other circumstances.

(4) Where an agreement on matters concerning custody is not reached or cannot be reached, the family court shall, ex officio or upon the request of a party, make a decision thereon. In such case, the family court shall take into account the circumstances under paragraph (3).

(5) Where the family court deems it necessary for the welfare of the child, it may, upon the request of the father, mother, child, or prosecutor, or ex officio, change the matters concerning the child's custody or make another appropriate disposition.

(6) The provisions of paragraphs (3) through (5) shall not bring about any change to the rights and obligations of the parents, other than matters concerning custody.

*For further details, please obtain a 🔗legal consultation with an attorney specializing in this area.

The defendant directed verbal abuse at the client and showed indifference to the family, and after leaving home, he did not provide child support or living expenses.

The Uijeongbu law office argued that, due to the defendant's conduct, the affection and trust in the marital relationship had been lost and the marriage had broken down to an irreparable degree.

The client had taken full responsibility for raising the child in place of the defendant, who was indifferent to the child.

The Uijeongbu law office argued for the designation of parental authority and the right of custody, as well as for the payment of child support to the client until the child reaches adulthood.

The defendant had rarely engaged in economic activity during the marriage due to taking leave from work and frequently changing jobs.

The Uijeongbu law office argued that the client had consistently engaged in economic activity for the family's livelihood and had taken sole charge of housework and child-rearing during the marriage, and requested that these points be taken into account in the division of marital property.

The client who came to the Uijeongbu law office wished to claim parental authority and the right of custody, division of marital property, and child support through divorce litigation against her husband.

The Uijeongbu attorney assisted the client with extensive experience in divorce litigation.

As a result of this assistance, the client succeeded in her claims for parental authority and the right of custody, division of marital property, and child support.

If you are facing a situation similar to that of the client above, you are welcome to visit the 🔗Uijeongbu law office of Daeryun at any time.