CONTENTS
- 1. The Client's Situation
- - Cases in Which a Judicial Divorce Is Possible
- - The Grounds for Judicial Divorce Asserted by the Husband
- 2. The Divorce Law Firm's Assistance in Having the Divorce Claim Dismissed
- - The Divorce Attorney Rebuts the Claim of Excessive Spending
- - The Divorce Attorney Rebuts the Claim of Unfair Treatment
- 3. The Result of the Divorce Law Firm's Assistance, Successful Dismissal of the Divorce Claim
1. The Client's Situation
The client was in a situation where the husband had filed a divorce lawsuit against the client.
The client did not agree with the husband's claims at all and clearly stated that the client did not want a divorce.
The client entrusted the case to Daeryun Law Firm, where attorneys experienced in numerous divorce cases respond as one team solely for the client.
Cases in Which a Judicial Divorce Is Possible
If a divorce by agreement is not possible, one of the spouses may file a divorce lawsuit with the court and obtain a divorce by judgment.
To proceed with such a judicial divorce, one of the following grounds must exist.
| 1. If the spouse has committed an act of infidelity 2. If the spouse has maliciously deserted the other 3. If one has been extremely unfairly treated by the spouse or the spouse's lineal ascendant 4. If one's own lineal ascendant has been extremely unfairly treated by the spouse 5. If the spouse's life or death has been unknown for three years or more 6. If there is any other serious ground that makes it difficult to continue the marriage |
The Grounds for Judicial Divorce Asserted by the Husband
The client's husband demanded a divorce, stating that there was a 'serious ground that makes it difficult to continue the marriage.'
A serious ground that makes it difficult to continue the marriage means that the harmonious marital community relationship has broken down to a degree that cannot be restored, so that compelling the continuation of the marriage would become unbearable suffering for one of the spouses.
Whether there is a serious ground that makes it difficult to continue the marriage is determined by considering the degree of marital breakdown, the presence or absence of an intention to continue the marriage, the duration of the marital life, the presence or absence of fault of the parties, the ages of the parties, the security of life after divorce, and various other circumstances of the marital relationship.
CASE 1. A case recognized as a ground that makes it difficult to continue the marriage (Supreme Court Decision 99Meu1886, September 5, 2000)
The defendant held a self-righteous and feudal sense of authority and, from the beginning of the marriage, mistreated the plaintiff and demanded obedience.
Even when the plaintiff's conduct displeased the defendant only slightly, the defendant nagged severely and interfered in every detail. When the plaintiff offered any reason or excuse for the defendant's words, the defendant would explode in anger and otherwise suppress the plaintiff. Suspecting that the plaintiff might siphon off money for the benefit of a child born to the plaintiff's former husband, the defendant also kept control of the finances and gave the plaintiff only as much money as was necessary for living.
The court recognized that the plaintiff was suffering to a degree that made it difficult to continue the marriage.
CASE 2. A case not regarded as a ground that makes it difficult to continue the marriage (Supreme Court Decision 95Meu861, December 22, 1995)
During the marriage, the spouse showed symptoms of depression, but the spouse currently has no difficulty in daily life through treatment and wishes to maintain the marriage.
The court determined that the spouse's depression did not amount to a serious ground that made it impossible to continue the marriage.
The reasoning was that if a normal life is possible through treatment of the illness and the spouse wishes to maintain the marriage, it cannot be recognized as a ground for divorce.
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2. The Divorce Law Firm's Assistance in Having the Divorce Claim Dismissed
The divorce law firm's attorney gathered evidence to rebut the husband's claims and established a strategy to rebut them.
The husband claimed that the client did not work and engaged in excessive spending, and treated his parents very unfairly, so that the marriage could no longer be continued.
The Divorce Attorney Rebuts the Claim of Excessive Spending
The divorce attorney also rebutted the husband's claim regarding the client's excessive spending.
The husband claimed that the client engaged in luxury and waste, but this is an exaggerated claim that lists only the total amount of payments.
The husband had entrusted the client with payments for travel expenses, property tax, automobile tax, and payments made on behalf of his parents.
The client took charge of these matters so as not to interfere with the husband's work, and naturally the card usage records were numerous.
A close examination of the spending records claimed by the husband shows that there was no personal luxury spending by the client at all. Specifically, the client asserted, as evidence, spending records such as one million won per month for the two children's private academy fees and gifts for the parents-in-law's birthdays.
The Divorce Attorney Rebuts the Claim of Unfair Treatment
The divorce attorney rebutted the husband's claim of unfair treatment of his parents.
The husband claimed that the client did not fulfill her duties as a daughter-in-law to his parents and did not attend family gatherings.
However, this is not true.
The only times the client was absent from the husband's family gatherings were unavoidable situations such as COVID-19 self-isolation or an appendectomy.
The divorce attorney asserted these facts and emphasized that they did not amount to the 'unfair treatment' that is a ground for divorce.
3. The Result of the Divorce Law Firm's Assistance, Successful Dismissal of the Divorce Claim
As a result of the divorce law firm's assistance, the client was able to have all of the husband's divorce claims dismissed.
The court issued a decision stating, "Based on the plaintiff's (husband's) claims, it is difficult to find that the fault lay with the defendant (client) alone, or that the marital relationship had broken down on the basis of these circumstances alone. Therefore, the plaintiff's divorce claim is without merit and is dismissed in its entirety."
With the divorce law firm's assistance, the client was able to have all of the husband's divorce claims dismissed and to work toward improving the marital relationship.
If, like the client in this case, you do not want a divorce in a situation where your husband is demanding one, the help of an experienced attorney is needed.
A divorce attorney can defend strongly in legal terms against the husband's divorce claim, helping to maintain the marital relationship.
Through the mentally very difficult divorce litigation process, Daeryun Law Firm supports and encourages the client not only on legal issues but also emotionally, helping the litigation proceed in a stable manner.
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