CONTENTS
- 1. A Client's Account Shared With a Daegu Divorce Attorney
- - The Client
- - Statutes Relevant to the Case, Explained by a Daegu Divorce Attorney
- 2. A Daegu Divorce Attorney's Assistance to the Client
- - The Daegu Divorce Attorney's Argument | The Spouse's Coercive Attitude
- - The Daegu Divorce Attorney's Argument | The Client's Efforts
- - The Daegu Divorce Attorney's Argument | The Client's Contribution to Forming the Property
- 3. The Result of the Daegu Divorce Attorney's Assistance: “Favorable Judgment”
1. A Client's Account Shared With a Daegu Divorce Attorney
As the period of separation from the spouse grew longer, the client came to feel that the marriage could no longer be maintained, and decided to seek a divorce.
However, no agreement or mediation could be reached with the spouse, so the client ultimately decided on a judicial divorce and requested assistance from the attorney.
The Client
The client had been living in a marriage with a domineering spouse.
Since everyone has strengths and weaknesses, the client explained that she had tried her best to bear with her husband's temperament.
However, after their child was born, the husband's coercive attitude grew worse, and when his views were not accepted, particularly in disagreements over childcare, he even showed violent behavior.
The client explained that no matter how much they talked, the situation did not improve but instead grew worse, so she eventually left home and began living separately, and when no settlement followed, she ultimately decided to file for divorce.
While searching for an attorney experienced in divorce litigation, she visited the Daegu office.
Statutes Relevant to the Case, Explained by a Daegu Divorce Attorney
As in the client's case, when there is no possibility of a divorce by agreement and the matter proceeds to mediation but that too fails, a divorce may be obtained through litigation, which is commonly referred to as a judicial divorce.
When the 🔗judicial divorce procedure is pursued, the conflict between the parties has reached its peak, so a sound legal basis must be prepared in order to obtain a favorable judgment on consolation money, custody, division of marital property, and similar matters.
Because the grounds for divorce differ from person to person and are inevitably subjective, a thorough legal review is necessary to assert the divorce and the accompanying claims in a reasonable and objective manner.
The judicial divorce procedure is also a type of litigation that is highly likely to become prolonged, so receiving assistance on the specific details from an attorney experienced in divorce who understands trial strategy can be helpful.
The judicial divorce procedure proceeds as follows.
② On the date of oral argument, the parties to the litigation appear in person, or a litigation representative appears on their behalf, and each states their arguments and the evidence.
③ After examining the case over several oral argument dates, the court issues a judgment.
④ If a party does not accept the judgment, the plaintiff and the defendant, or their litigation representatives, file an appeal.
⑤ Once the judgment becomes final and the divorce report is completed, the divorce is concluded.
2. A Daegu Divorce Attorney's Assistance to the Client
After conducting a detailed consultation with the client, the attorney gathered evidence that could work favorably toward the judgment and argued as follows.
The Daegu Divorce Attorney's Argument | The Spouse's Coercive Attitude
The client's husband frequently raised his voice and took an overbearing attitude, even though their child was only about 12 months old.
The attorney emphasized that this violent attitude on the husband's part was a significant ground of fault.
The Daegu Divorce Attorney's Argument | The Client's Efforts
Despite the husband's violent and domineering side, the client tried to resolve matters through conversation, out of a desire to get along as well as possible because they were family.
Even so, when the husband's attitude did not change at all, she ultimately decided to seek a divorce.
The attorney argued that the client's efforts to maintain the marriage by every means should be reflected in the custody determination and the division of marital property.
The Daegu Divorce Attorney's Argument | The Client's Contribution to Forming the Property
The client took on raising the child alone while also taking on side work to cover living expenses.
The attorney emphasized that because the client handled the household work alone and also bore the living expenses, she had contributed to the formation of the property.
3. The Result of the Daegu Divorce Attorney's Assistance: “Favorable Judgment”
The court accepted the attorney's arguments and ordered payment to the client of approximately 100 million won as division of marital property, and designated the client as the holder of custody and parental authority.
This was a case in which both the divorce by agreement and the divorce through mediation failed, and assistance with the judicial divorce procedure led to a favorable judgment.
In a judicial divorce procedure, the conflict may have become prolonged, so a thorough legal review and the gathering of evidence through means such as 🔗digital forensics are necessary to defend against losses while asserting appropriate demands.
At Daeryun Law Firm, you can receive a detailed consultation through 🔗attorney referral and prepare a response suited to your situation.
If you are troubled by a divorce matter, you may request a consultation with a Daegu divorce attorney.
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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.
