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Deals & Cases

Divorce and Division of Marital Property

Seocho Divorce Attorney | Seocho Divorce Attorney, Full Award of Consolation Money and Provisional Attachment of Real Estate

The client came to a Seocho attorney to file for divorce conciliation against a husband who persistently neglected the family and abused their child, and to seek a provisional attachment of real estate.

CONTENTS
  • 1. Seocho Divorce Attorney | The Details of the Case
    • - Seocho Divorce Attorney | The Husband's Persistent Neglect of the Family
    • - Seocho Divorce Attorney | The Couple
    • - Seocho Divorce Attorney | The Client Who Decided to Divorce
  • 2. Seocho Divorce Attorney | The Course of the Divorce Lawsuit
    • - Seocho Divorce Attorney | Demand for 30 Million Won in Consolation Money Based on the Husband's Fault
    • - Seocho Divorce Attorney | Demand for Division of Marital Property Through Provisional Attachment of Real Estate
    • - Seocho Divorce Attorney | Demand for Payment of Child Support
  • 3. Seocho Divorce Attorney | The Result of the Case, Full Award

1. Seocho Divorce Attorney | The Details of the Case

About a year after marrying her husband, the client left home with her child and continued to live separately.

The client explained to the Seocho divorce attorney that she had met her husband through an arranged introduction.

She explained that, even before the marriage, she had discovered that her husband had lied about matters such as his education, age, and occupation, leading to continued arguments, and that the conflict was not resolved even after the marriage.

Seocho Divorce Attorney | The Husband's Persistent Neglect of the Family

The client explained that her husband often did not even come home and provided no help at all with housework or childcare, neglecting the family.

In addition, because her husband had no job, the client was left to take on all economic activity.

As a result, the client had no choice but to continue an exhausting married life, going out to work with a newborn while she was less than three months postpartum.

Seocho Divorce Attorney | The Couple

The client explained to the Seocho divorce attorney that she had borne the economic activity, housework, and childcare entirely on her own, and that it had been very hard because her husband had done nothing to help in this process.

She also explained that, before the marriage, she had prepared all of the roughly 200 million won needed for the household furnishings and the purchase of the home, and that the remainder was taken out as a loan in her husband's name, so her husband had in effect contributed nothing to the marriage.

The client explained that she had asked her husband for a divorce, but that he proposed living separately instead of divorcing, and that she left with the child and maintained a separate life for four years.

However, she explained that she had not received a single won of child support from her husband.

Seocho Divorce Attorney | The Client Who Decided to Divorce

The Seocho divorce attorney then learned the reasons the client had decided to divorce.

The client explained that, feeling sorry that the child had begun asking for his father as he grew, she had arranged a meeting to let the child see his father, but that the husband already seemed to have no affection for the child.

When she briefly sent the child to the husband's home so that the two could spend time together, a situation arose that raised suspicions of abuse, which led her to decide that she had to divorce immediately.

The client therefore came to a Seocho divorce attorney to request assistance.

2. Seocho Divorce Attorney | The Course of the Divorce Lawsuit

After reviewing the client's case, the Seocho divorce attorney asked about the direction the client wanted.

The client wanted a divorce, unpaid child support, and a provisional attachment of the home owned by her husband.

In accordance with the client's wishes, the Seocho divorce attorney prepared the divorce lawsuit and took the steps to provisionally attach the husband's real estate, along with child support and consolation money.

The Seocho divorce attorney first prepared the divorce lawsuit, reflecting the conditions the client wanted, with the following arguments.

Seocho Divorce Attorney | Demand for 30 Million Won in Consolation Money Based on the Husband's Fault

The Seocho divorce attorney sought a divorce on the ground of the husband's clear fault and demanded payment of 30 million won in consolation money.

The attorney argued that the client's husband had persistently prioritized his personal life during the marriage, neglected his duties as a spouse, and habitually made insulting remarks to the client.

The attorney also explained that the husband had failed entirely to fulfill his duties related to raising the child and had forced the client to bear all of the financial burden.

The client argued that this conduct constituted malicious desertion under Article 840 of the Civil Act and was the direct cause of the breakdown of the marriage.

Together with this, the attorney prepared and submitted evidence capable of proving the husband's fault, including specific instances of verbal abuse, a medical certificate, text messages, and audio recordings.

Seocho Divorce Attorney | Demand for Division of Marital Property Through Provisional Attachment of Real Estate

The Seocho divorce attorney demanded a fair division of marital property for the client with respect to the real estate formed during the marriage.

To this end, the attorney first applied for an asset protection measure through an application for a provisional attachment of the real estate.

This was to prevent the client's husband from arbitrarily disposing of the real estate.

The attorney strongly argued that the client and her husband had purchased an apartment during the marriage, and that, having contributed roughly 200 million won in this process and taken responsibility for the household economy, the client's contribution should be recognized.

Seocho Divorce Attorney | Demand for Payment of Child Support

The client demanded to be designated as the holder of parental authority and the custodian, and sought payment of both past and future child support.

The Seocho divorce attorney argued that the client's husband had not contributed faithfully to child-rearing, having failed to provide child support even once since the separation.

To argue to the court that the husband had not fulfilled his duty to pay child support, the client organized and submitted receipts and the costs incurred in raising the child as proof.

3. Seocho Divorce Attorney | The Result of the Case, Full Award

The Seocho divorce attorney provided wholehearted assistance based on the client's account.

In the end, by submitting physical evidence and supporting materials, the client was able to obtain a full award of the consolation money and the request for a division of marital property through the application for a provisional attachment of real estate.

This was because the court found the client's arguments valid, citing the client's contribution to the family and the husband's neglect of the family.

As a result, the client was able to escape her husband and live the rest of her life happily with her child.

If you, like the client in this case, are facing problems with divorce and the division of marital property, 🔗Seocho Attorney may help you resolve them through a consultation.

서초이혼전문변호사 | 서초변호사, 위자료 전액 인용 및 부동산 가압류 결정

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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