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Deals & Cases

Divorce and Designation of the Custodian

Wonju Divorce Attorney Assistance | The Client Who Was Sued for Divorce, the Plaintiff's Claim Dismissed

The client consulted the Wonju divorce attorney to respond after being sued for divorce by a spouse, and consulted the divorce attorney at the Wonju office.

CONTENTS
  • 1. How the Client Came to Consult the Wonju Divorce Attorney
    • - The Client Who Requested Assistance From the Wonju Divorce Attorney
  • 2. Divorce, as Explained by the Wonju Divorce Attorney
  • 3. The Assistance Provided by the Wonju Divorce Attorney
    • - Wonju Divorce Attorney's Argument ① | The Client's Intention
    • - Wonju Divorce Attorney's Argument ② | The Cause of the Marital Breakdown
  • 4. Result of the Wonju Divorce Attorney's Assistance, “The Plaintiff's Claim Dismissed”

1. How the Client Came to Consult the Wonju Divorce Attorney

The client, who consulted the Wonju divorce attorney, had been sued for divorce but had no intention of divorcing, and so visited the Wonju office to defend against the lawsuit.

The Client Who Requested Assistance From the Wonju Divorce Attorney

This is the account of a client who requested assistance from the Wonju divorce attorney.

The client married a spouse about ten years ago and was raising a family with a minor child.

Because the client's child had ADHD, the client had disciplined the child strictly.

The spouse became dissatisfied with the client's parenting approach and ultimately chose to live separately.

In the meantime, the client received a divorce complaint from the spouse, containing matters such as the division of marital property and the designation of the right of custody.

However, the client, who had no intention of divorcing at all, came to the Wonju divorce attorney and requested assistance in order to defend against the lawsuit.

2. Divorce, as Explained by the Wonju Divorce Attorney

If it is difficult to continue married life, there are grounds on which a divorce may be obtained through a trial.

These are provided in Article 840 of the Civil Act, and the grounds for judicial divorce are as follows.

1. If the spouse has committed an act of infidelity
2. If the spouse has maliciously deserted the other
3. If one has been grievously and unjustly treated by the spouse or the spouse's lineal ascendant
4. If one's own lineal ascendant has been grievously and unjustly treated by the spouse
5. If it has been unclear for three years or more whether the spouse is alive or dead
6. If there is any other serious cause that makes it difficult to continue the marriage

Judicial Divorce Procedure

🔗Judicial Divorce Procedure

A divorce lawsuit proceeds when conciliation divorce breaks down, and it begins in earnest after the divorce complaint is filed and the conciliation procedure has been completed.

Because the parties' positions may conflict or a battle of logic may arise, it is advantageous to respond strategically with the assistance of an attorney.

The divorce lawsuit procedure is as follows.

Filing of the complaint ▷ Referral to the family investigation division and the conciliation committee ▷ Designation of the pleading preparation date and the pleading date ▷ Divorce lawsuit (pleading date) ▷ Divorce by pronouncement of judgment ▷ Divorce report upon the judgment becoming final

3. The Assistance Provided by the Wonju Divorce Attorney

After conducting a consultation with the client, the Wonju divorce attorney formed a task force together with an attorney experienced in divorce cases.

The attorney then established a systematic strategy and requested that the plaintiff's claim be dismissed on the following grounds.

Wonju Divorce Attorney's Argument ① | The Client's Intention

The client expressed the intention not to divorce the plaintiff and wishes to keep the family together.

Until recently, the client steadily kept in contact with the plaintiff's parents and regularly visited the home where the parties were living separately in order to see the plaintiff and the child.

The attorney emphasized that the client had never treated the plaintiff as a stranger, and that, although the parties were living apart, the separation was not because the marital relationship had deteriorated.

Wonju Divorce Attorney's Argument ② | The Cause of the Marital Breakdown

The plaintiff took issue with the client's parenting conduct as child abuse and argued that it was the cause of the marital breakdown, but the client did not discipline the child to a degree that could be regarded as child abuse.

The cause of the marital breakdown lies, rather, with the plaintiff, and the plaintiff also expanded the discord by refusing dialogue itself with the client and forcing the plaintiff's own views.

Accordingly, the attorney emphasized that, even if the marital relationship is recognized as having broken down, the responsibility for that breakdown lies more with the plaintiff than with the client.

4. Result of the Wonju Divorce Attorney's Assistance, “The Plaintiff's Claim Dismissed”

The court, accepting the Wonju divorce attorney's argument, issued the decision: “The plaintiff's claim is dismissed.”

If You Have Been Sued for Divorce

If you have been sued for divorce, as in the client's case above, it is advantageous to respond strategically, step by step, with the assistance of an attorney.

Daeryun Law Firm has handled numerous 🔗divorce case studies, and its divorce attorneys, who have considerable experience and know-how, take on cases and make their best efforts to achieve the client's satisfaction.

If you are in a situation where you have been sued for divorce and need to defend against it, as in the case above, please request assistance from the Wonju divorce attorney.

원주이혼전문변호사

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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