CONTENTS
- 1. Background to Retaining a Gangnam Divorce Litigation Attorney
- - Laws Relevant to the Case, Explained by a Gangnam Attorney
- 2. How a Daeryun Gangnam Divorce Litigation Attorney Handled the Case
- 3. Securing Decisive Evidence with the Assistance of a Daeryun Gangnam Divorce Litigation Attorney
1. Background to Retaining a Gangnam Divorce Litigation Attorney
The client who came to the Gangnam divorce litigation attorney came to suspect infidelity because of his wife's suspicious behavior.
He then became certain of the infidelity from text messages he found on his wife's mobile phone.
However, lacking decisive evidence, he thought that proceeding with a divorce lawsuit would be untenable.
The Gangnam divorce litigation attorney of Daeryun Law Firm proposed an application for the preservation of evidence, and the client wished to proceed with the application for the preservation of evidence at once.
Laws Relevant to the Case, Explained by a Gangnam Attorney
◎ Judicial divorce: the dissolution of a marital relationship by means of a trial.
(1) Divorce by conciliation: a procedure in which, where the spouses cannot reach agreement, a conciliation committee, prior to a divorce lawsuit, hears the views of the spouses and seeks to bring about an agreement. If conciliation is not established, the divorce litigation procedure proceeds.
(2) Divorce by lawsuit: where one of the six grounds prescribed by Civil Act Article 840 applies, a one-sided claim for divorce without agreement is possible through a divorce trial.
◎ Grounds for judicial divorce (Civil Act Article 840)
Either spouse may file a claim for divorce with the family court where any of the following grounds exists.
1. Where the spouse has committed an act of infidelity
2. Where the spouse has maliciously deserted the other
3. Where one has been subjected to extremely unfair treatment by the spouse or the spouse's lineal ascendant
4. Where one's own lineal ascendant has been subjected to extremely unfair treatment by the spouse
5. Where it has been unclear for three years or more whether the spouse is alive or dead
6. Where there is any other serious ground making it difficult to continue the marriage
◎ Extinction of the right to claim divorce due to infidelity (Civil Act Article 841)
The ground under Civil Act Article 840 (1) may not be asserted to claim divorce where the other party gave prior consent or subsequent forgiveness, or where six months have passed since the day on which it became known, or two years have passed since the day on which the ground arose.
◎ Why you should identify the grounds for judicial divorce and then proceed together with a divorce litigation attorney
Where the spouse does not consent to the divorce, the divorce is claimed on the basis of the grounds for judicial divorce.
Where a dispute arises, evidence must be gathered in preparation for the trial, but this can be quite complicated and difficult.
In particular, where one is deemed to be the spouse at fault to whom a ground for judicial divorce applies, a claim for divorce may, in principle, not be accepted.
The gathering of valid evidence for a divorce lawsuit and the divorce litigation procedure are highly complicated and require advanced strategy and skill.
If you feel that this is difficult to handle on your own, we recommend that you obtain legal assistance through a consultation with a divorce litigation attorney of Daeryun Law Firm who is well versed in divorce matters.
2. How a Daeryun Gangnam Divorce Litigation Attorney Handled the Case
The Gangnam divorce litigation attorney of Daeryun Law Firm devised a strategy to swiftly secure decisive evidence for the divorce lawsuit.
First, through close communication with the client, the Gangnam divorce litigation attorney of Daeryun Law Firm decided to file an application for the preservation of evidence for the CCTV footage of the convenience stores, restaurants, bars, and lodging establishments that the client's wife and the affair partner had visited together.
The Gangnam divorce litigation attorney of Daeryun Law Firm requested that the court issue a decision for the preservation of evidence, on the ground that the client had discovered decisive evidence relating to the infidelity divorce lawsuit but that it could be deleted.
3. Securing Decisive Evidence with the Assistance of a Daeryun Gangnam Divorce Litigation Attorney
The court accepted the arguments of the Daeryun Law Firm Gangnam divorce litigation attorney and issued an order stating, “The holder of the evidence shall submit to the court, within seven days from the date of notification of this decision, the storage medium containing the video recording.”
With the help of the Daeryun Law Firm Gangnam divorce litigation attorney, the client was able to secure decisive evidence for the divorce litigation.
Are you concerned about a situation similar to the case above?
It is advisable to entrust your matter to the Daeryun Law Firm Gangnam divorce litigation attorney.
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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