Wrongful Dissolution of Common-Law Marriage Litigation Case | A Favorable Judgment in a Damages Lawsuit for Wrongful Dissolution of Common-Law Marriage

The client, who came to pursue a damages lawsuit for wrongful dissolution of a common-law marriage, had been maintaining a marital life with her current husband without having filed a marriage registration.

Even spouses in a common-law relationship without a marriage registration have a duty to cooperate with and support each other, but the marriage ultimately broke down because of the client's husband's game addiction.

The client's husband was so addicted to games that even ordinary daily life was impossible, and he was irresponsible, taking no part at all in the household finances.

The client made her best efforts to preserve the family, but she concluded that the marital relationship could no longer be maintained and sought to pursue a lawsuit for wrongful dissolution of the common-law marriage.

■ Statutes and Precedent Relevant to Wrongful Dissolution of Common-Law Marriage Litigation

► A common-law marriage may be dissolved by agreement between the spouses or by the unilateral dissolution by one spouse.

In such a case, a spouse who unilaterally dissolves the common-law marriage without justifiable grounds (grounds comparable to those under Article 840 of the “Civil Act”) is liable to compensate the other party for the mental anguish caused by the dissolution of the common-law marriage (Articles 750 and 751 of the “Civil Act”).

If no agreement on consolation money is reached between the spouses, the party may claim such compensation in court (Article 2 (1) 1 (c) of the “Family Litigation Act”).

► Precedent on Damages for Wrongful Dissolution of a Common-Law Relationship
“In a common-law relationship as well, spouses have the duty under Article 826 (1) of the ‘Civil Act’ to live together and to support and cooperate with each other ... Therefore, where one common-law spouse, without justifiable reason, abandons the duties of a spouse to live together, support, and cooperate, that spouse is deemed to have wrongfully dissolved the common-law relationship through malicious desertion. Accordingly, unless it is shown that the other spouse bears fault amounting to a statutory ground for divorce, that spouse cannot, in principle, escape liability in damages for wrongful dissolution of the common-law relationship.” (Supreme Court, decided August 21, 1998, 97Meu544, 551)

► Justifiable Grounds for Dissolution of a Common-Law Marriage in Precedent
- Where the common-law spouse engaged in an act of infidelity (Supreme Court, decided January 24, 1967, 66Meu39)
- Where the common-law spouse maliciously deserted the other party (Supreme Court, decided August 21, 1998, 97Meu544, 551)
- Where one was subjected to grossly unfair treatment by the common-law spouse or that spouse's lineal ascendant (Supreme Court, decided September 27, 1983, 83Meu26)

The client's husband slept during the day, mainly after the client left for work, and spent all of his waking hours playing games.

While playing games, the husband would laugh and talk loudly with people online, and when he became angry, he would shout and curse.

Because of this, neighbors even reported him for the noise.

Through his serious game addiction, the client's husband caused significant harm to many people, including leaving his surroundings dirty and not cleaning.

The client continually made efforts to preserve the family by improving the relationship with her husband.

She also asked her mother-in-law for help and repeatedly suggested to her husband that they go on dates and eat out.

The husband, however, fixated only on games and ignored all of the client's requests.

The husband did not even wash because he was playing games, and he gradually avoided family events and holiday visits while immersing himself only in games.

The client's husband did not engage in any economic activity and lived solely on the client's salary.

Even so, every night he ordered late-night food and alcohol for delivery, and he left the delivery containers uncleaned, making the room a mess.

Because of his game addiction, the husband was irresponsible toward the household finances, and as a result both the housework and the economic activity fell to the client alone.

The client, who came to Daeryun to pursue a wrongful dissolution of common-law marriage lawsuit, concluded that her husband's game addiction was the cause of the breakdown of the marriage and decided to pursue a damages lawsuit.

Daeryun formed a team of attorneys with extensive case experience and provided its best assistance.

The client, who pursued the wrongful dissolution of common-law marriage lawsuit with Daeryun, had her husband's game addiction recognized as the cause of the breakdown of the marriage, received tens of millions of won in consolation money, completed the division of property, and dissolved the marital relationship.

Most lawsuits for wrongful dissolution of a common-law marriage result in a judgment finding that both sides bear some responsibility, leading to an award of only a very small amount of consolation money. If you wish to bring a common-law marriage to a close as in the case above, you are welcome to come to Daeryun Law Firm at any time.