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Deals & Cases

Divorce

Mokpo Divorce Consultation | Property Division Reduced by Judgment After Consultation With a Mokpo Divorce Attorney

The client, who requested a Mokpo divorce consultation, faced an excessive property division lawsuit and requested legal consultation from a divorce attorney at the Mokpo branch office of Daeryun Law Firm.

CONTENTS
  • 1. What Prompted the Search for a Mokpo Divorce Consultation
    • - The Client Who Received a Mokpo Divorce Consultation
    • - Relevant Legal Principles Explained in the Mokpo Divorce Consultation
  • 2. A Solution Proposed After the Mokpo Divorce Consultation
    • - The Defense Strategy of Daeryun, a Firm Experienced in Mokpo Divorce Consultations
  • 3. From the Mokpo Divorce Consultation to the Outcome of the Divorce
    • - If You Are Considering a Mokpo Divorce Consultation, Daeryun Law Firm

1. What Prompted the Search for a Mokpo Divorce Consultation

The client, who scheduled a Mokpo divorce consultation, received a divorce complaint from the spouse.

The client then came to the Mokpo divorce consultation center of Daeryun Law Firm to obtain advice regarding the divorce litigation.

The Client Who Received a Mokpo Divorce Consultation

The client who received the Mokpo divorce consultation had been in a marriage with the spouse for 30 years.

In the meantime, the spouse left home on the pretext of caring for a granddaughter and then suddenly sent a divorce complaint. Its main content was a claim for consolation money and a claim for division of marital property.

The spouse argued that the grounds for divorce were that the client had committed assault, used abusive language and verbal abuse, and shown disregard and insult toward the spouse,

and that the client had failed to provide living expenses without justifiable reason, thereby shifting responsibility for the breakdown of the marriage onto the client.

The plaintiff claimed a property division ratio of 70% for the plaintiff and 30% for the client,

and because the plaintiff sought registration of transfer of ownership for several pieces of real estate owned by the client, the client received a Mokpo divorce consultation in order to rebut this and then visited the divorce group of Daeryun Law Firm to seek help.

Relevant Legal Principles Explained in the Mokpo Divorce Consultation

Civil Act, Article 826 (Duties Between Spouses)

(1) Spouses shall live together and support and cooperate with each other. However, where they temporarily do not live together for a justifiable reason, they shall tolerate this with respect to each other.

Article 840 (Grounds for Judicial Divorce)

Either spouse may petition the Family Court for divorce 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 the spouse has been subjected to grossly unfair treatment by the spouse or the spouse's lineal ascendants

4. Where one's own lineal ascendants have been subjected to grossly unfair treatment by the spouse

5. Where it has been unclear for 3 years or more whether the spouse is alive or dead

6. Where any other serious ground exists that makes it difficult to continue the marriage

See Supreme Court, 1999 ruling, among others

In conducting married life, spouses shall, with affection, good faith, and patience, understand and protect each other and make their best efforts to maintain the marriage, and even where they face various situations that obstruct the marriage, the spouses must make every effort to overcome such obstacles.

See Supreme Court, 2000 decision, among others

Positive property or debt that arose through one spouse and with whose formation, maintenance, or burden the other had nothing to do shall not be included in the property subject to division. Therefore, when dividing property upon a judicial divorce, the property subject to division and its amount shall, in principle, be determined as of the date on which oral argument in the trial court of the divorce litigation is concluded.

See Supreme Court, 2013 ruling, among others

Where there are special circumstances, such as that a change in property relations occurring between the breakdown of the marriage and the conclusion of oral argument arose from a subsequent cause attributable to one of the spouses and is unrelated to the property relations jointly formed during the marriage, the changed property shall be excluded from the property subject to division.

2. A Solution Proposed After the Mokpo Divorce Consultation

After the Mokpo divorce consultation, a task force team of three attorneys was formed, consisting of a divorce attorney suited to the client's situation and attorneys with extensive experience in property division litigation, and they identified the plaintiff's claims regarding the property division ratio and degree of contribution and proceeded with rebuttal arguments. Because a review and appraisal of the real estate that the plaintiff included in the property division were necessary, the legal advice of specialists in the relevant field also aided the case strategy.

The Defense Strategy of Daeryun, a Firm Experienced in Mokpo Divorce Consultations

Daeryun Law Firm, experienced in Mokpo divorce consultations, set out to point out the fact that the plaintiff claimed the client was the spouse at fault for the divorce and sought consolation money, and that the plaintiff included the client's separate property within the scope of property division and thereby expanded that scope,

as well as the fact that the plaintiff excessively inflated the degree of contribution to the household and the conflicting claims regarding the point in time at which the marriage broke down.

Because there was a sharp conflict of interest with the client regarding the overall content of the plaintiff's complaint and written submissions, a careful review by the responsible team was necessary.

● The client did not wish to divorce the plaintiff.

● The client did not subject the plaintiff to grossly unfair treatment and had never committed assault.

● Most of the real estate that the plaintiff included as subject to property division was the defendant's separate property held before the marriage.

● The plaintiff was a person so indifferent to the household that neighborhood residents wrote statements of fact to attest to it.

● The plaintiff made no effort to engage in any economic activity and did not contribute to the household.

● The plaintiff had never contributed to the farming work that the client had been doing, and the claim of a 70% contribution cannot be accepted.

3. From the Mokpo Divorce Consultation to the Outcome of the Divorce

After the Mokpo divorce consultation, a hearing process lasting several months continued until the divorce judgment was rendered. As a result, the client was recognized with a property contribution of 60%, twice the amount claimed, and was able to obtain a reduction in the property division.

If You Are Considering a Mokpo Divorce Consultation, Daeryun Law Firm

This is the story of a client who, after receiving a Mokpo divorce consultation at Daeryun Law Firm, was recognized with a property contribution increased more than twofold, from 30% to 60%.

With the help of the divorce group of Daeryun Law Firm, the client was able to safely protect the real estate gifted to the children from the opposing spouse and to have a considerably high property contribution recognized.

If, in a situation like the client's, you are in a legal dispute with an opposing spouse over a property division matter, you may visit the Mokpo office of Daeryun Law Firm through a Mokpo divorce consultation to receive advice and help.

목포이혼상담 | 목포이혼전문변호사 상담 후 재산 분할 감액 판결

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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