Ansan Law Firm | Ansan Divorce Law Firm Daeryun Securing the Designation of Holder of Parental Authority and Custodian

The client wished to proceed with a divorce from a spouse.

The client's spouse had been detained on fraud charges and was later released.

The client was shocked by this but decided to be understanding of the spouse.

However, upon hearing that the spouse's fellow inmates from prison had committed an indecent act by compulsion against the child, the client became angry and confronted the spouse.

The spouse, although aware of this, took no measures and continued to associate with the fellow inmates, frequently leaving home, engaging in infidelity, and neglecting the family.

The client, having resolved to divorce, requested the assistance of the Ansan law firm.

The Ansan law firm explained the divorce suit.

The holder of parental authority and the custodian may file a 🔗child support claim suit against the other party and receive child support.

■ 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. If the other spouse has committed an act of infidelity

2. If the other spouse has maliciously deserted the other

3. If one spouse has been grossly and unfairly treated by the other spouse or by the latter's lineal ascendant

4. If one's own lineal ascendant has been grossly and unfairly treated by the other spouse

5. If it has been unclear for three or more years whether the other spouse is alive or dead

6. If there is any other serious cause that makes it difficult to continue the marriage

The Ansan law firm explained the procedure for a divorce suit.

Divorce is broadly divided into divorce by agreement and judicial divorce.

If the spouses reach a mutual agreement, the divorce may proceed through the divorce-by-agreement procedure, but if no agreement is reached, a divorce suit must be filed with the court or an application for conciliation must be made.

The procedure for a judicial divorce is as follows.

1. Delivery of the complaint

2. Provisional disposition

3. Pleading

4. Family investigation

5. Conciliation

6. Decision recommending settlement

7. Pronouncement of judgment

8. If contested, conducting the appeal procedure

9. Finalization of the judgment and report of the divorce

*For further details, please obtain a 🔗legal consultation with an attorney .

The defendant neglected the family and was indifferent to the upbringing of the child.

In addition, even though the child had been subjected to an indecent act by compulsion, the defendant was preoccupied with covering it up.

The Ansan law firm argued that the defendant was the spouse at fault.

During the marriage, the defendant did not pay child support and frequently left home.

Accordingly, the Ansan law firm emphasized that the client, who bears full responsibility for the child's upbringing, should be designated as the custodian and the holder of parental authority.

It also noted that the defendant should pay the corresponding child support.

This is a case in which, with the assistance of the Ansan law firm, the client succeeded in obtaining parental authority and custody in a divorce suit, along with a claim for child support.

When proceeding with a divorce suit, there are many issues to resolve along with the establishment of the divorce itself, such as the division of marital property, parental authority, consolation money, and the calculation of child support.

For this reason, proceeding with an attorney can make a divorce suit easier to handle.

The Ansan attorney works together with attorneys across all regions and reaches solutions through in-person meetings and real-time conferences.

If you are in a situation such as the above, please obtain the assistance of an 🔗Ansan attorney.