CONTENTS
- 1. Ulsan Divorce Litigation Attorney | The Client's Request
- - Ulsan Divorce Litigation Attorney | The Client's Story
- 2. Ulsan Divorce Litigation Attorney | Division of Marital Property
- - Ulsan Divorce Litigation Attorney | Right of Custody
- 3. Ulsan Divorce Litigation Attorney | Strategy
- 4. Ulsan Divorce Litigation Attorney | The Judgment
1. Ulsan Divorce Litigation Attorney | The Client's Request
This is the case of a client who came to the Ulsan divorce litigation attorney.
The client of the Ulsan divorce litigation attorney had maintained about 15 years of married life with the husband and, for the last three years, had been living separately.
The client came to the Ulsan divorce litigation attorney wishing to divorce, having concluded that there was no longer any meaning in maintaining the marriage.
The client told the Ulsan divorce litigation attorney that, during the period of separation, the client had raised the two sons alone and had not received a single won of child support during that time, and requested help in obtaining past child support, the right of custody, and a division of marital property.
Ulsan Divorce Litigation Attorney | The Client's Story
The Ulsan divorce litigation attorney listened to the account in order to meet the client's request.
The client said that, for 15 years, the client had constantly suffered because of the husband.
When he became angry, he would throw objects, and he used violence not only against the client but also against the two sons.
In addition, the husband of the Ulsan divorce litigation attorney's client hid all of the assets and economically oppressed the client to the point that she had to obtain his permission even to buy a single cosmetic item.
2. Ulsan Divorce Litigation Attorney | Division of Marital Property
The client of the Ulsan divorce litigation attorney first wished to obtain a division of property from the husband.
🔗The division of marital property is determined by assessing the spouses' respective contributions to the formation of the marital property and setting the proportion accordingly.
This property includes marital property acquired and maintained through the joint cooperation and contribution of the spouses, future income such as severance pay and pensions, and debts.
The division of marital property is calculated as ( positive assets - negative assets ) X one spouse's contribution to the formation of the property.
Positive assets refer to all property with monetary value, and negative assets refer to debts.
Contribution refers to the part one has played in forming the property, and even a person who has lived as a full-time homemaker without working is recognized for the degree of contribution made to childrearing and household affairs.
Ulsan Divorce Litigation Attorney | Right of Custody
In addition to the division of marital property, the client of the Ulsan divorce litigation attorney also wished to obtain the right of custody.
Under the Civil Act, matters concerning the custody of children are to be determined by agreement between the parents, but where no agreement is reached, they are determined by taking into account such factors as the age of the children and the financial circumstances of the parents.
3. Ulsan Divorce Litigation Attorney | Strategy
In order to enable the client to obtain a division of property from the husband and to receive the right of custody of the children, the Ulsan divorce litigation attorney established and pursued the following strategy.
■The client of the Ulsan divorce litigation attorney suffered at the hands of the husband throughout the marriage.
■The client of the Ulsan divorce litigation attorney raised the children without receiving any child support throughout the period of separation.
■Because the client of the Ulsan divorce litigation attorney devoted herself to the care of the two children and to household affairs, the husband was able to form the property.
■Because of the violent disposition and economic oppression of the husband of the Ulsan divorce litigation attorney's client, the marriage broke down.
■Taking all of the above into account, the husband should divide 50% of the property to the client, pay past child support, and have the client designated as the custodian of the two children. |
4. Ulsan Divorce Litigation Attorney | The Judgment
Having heard the arguments of the Ulsan divorce litigation attorney, the court rendered a judgment that the client and the husband were to divorce, recognized the client's contribution, and ordered the husband to pay the client 50% of the property.
The court also ordered the husband to pay 6 million won in past child support and designated the client of the Ulsan divorce litigation attorney as the custodian of the two children.
In this case, the client who sought the assistance of the Ulsan divorce litigation attorney was able to obtain a division of property as well as past child support and the right of custody.
Even a person who has lived as a full-time homemaker can obtain a division of property if she proves her contribution.
Because proving one's contribution is difficult for an individual to do alone, if you are placed in a situation similar to that of the client in this case, please seek out the divorce litigation attorney of the 🔗Ulsan law firm and request a consultation.
Daeryun Law Firm provides consultation services of consistent quality anywhere in the country, so if needed, please feel free to visit a nearby local office at any time and place.
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.
