[Suwon Divorce Attorney Favorable Judgment Case] Division of Marital Property in Divorce Through the Assistance of a Suwon Divorce Attorney

The client who visited a Suwon divorce attorney came with a great deal of courage. It was true that the client had felt fear and apprehension stemming from the social prejudice and scrutiny surrounding divorce.

However, for the care of a child who was still a minor, divorce along with parental authority and child support were necessary legal measures.

The husband who had driven the marriage to divorce had provided very little financial support and had spent much of the marriage relying on his own family for help, almost as a dependent. In other words, he built the household while receiving financial support, and because he engaged in virtually no direct economic activity, unnecessary friction and family problems continued to arise. To make matters worse, problems with drinking also developed and had an adverse effect on the child-rearing environment.

Judging that maintaining the relationship offered no further benefit, the client sought divorce along with division of property and child support, and proceeded with a consultation.

Daeryun Law Firm provided detailed legal guidance on divorce based on the client's circumstances, and as a result, the client decided to proceed together with Daeryun.

There are largely two ways to divorce: divorce by agreement and judicial divorce. When the spouses have agreed to divorce, they may obtain a divorce by agreement, and when no agreement is reached, a judicial divorce may be obtained through a court judgment upon the claim of one party.

■ Civil Act Article 840 (Grounds for Judicial Divorce)

Either spouse may file a claim for divorce with the Family Court in any of the following cases.

1. Where the spouse has committed an act of infidelity

2. Where the spouse has maliciously deserted the other spouse

3. Where the spouse or the spouse's lineal ascendant has subjected the other spouse to extremely unfair treatment

4. Where one's own lineal ascendant has been subjected to extremely unfair treatment by the spouse

5. Where it has been unclear for 3 years or more whether the spouse is dead or alive

6. Where there is any other serious cause that makes it difficult to continue the marriage

■ Civil Act Article 837 (Divorce and Responsibility for Child Rearing)

(1) The parties shall determine matters concerning the rearing of the child by agreement.

(2) The agreement under paragraph (1) shall include the following matters.

-1. Determination of the custodian

-2. Allocation of child-rearing expenses

-3. Whether to exercise visitation rights and the method thereof

(3) Where the agreement under paragraph (1) is contrary to the welfare of the child, the Family Court may order its correction or, ex officio, determine the matters necessary for rearing, taking into account the wishes and age of the child, the financial situation of the parents, and other circumstances.

(4) Where an agreement on matters concerning rearing is not reached or cannot be reached, the Family Court shall decide on these matters ex officio or upon the claim of a party. In this case, the Family Court shall take into account the circumstances under paragraph (3).

(5) Where the Family Court deems it necessary for the welfare of the child, it may change matters concerning the rearing of the child or make another appropriate disposition, upon the claim of the father, mother, child, or prosecutor, or ex officio.

(6) The provisions of paragraphs (3) through (5) shall not bring about any change in the rights and duties of the parents other than those concerning matters of rearing.

The Suwon divorce attorney's client pointed out that the defendant had fallen short in the economic responsibilities that a head of household should prioritize. The client further stressed that even when income arose, no support was provided to the household.

In response, Daeryun's divorce attorney argued for a clear division of property, focusing first and foremost on the client's improved family life and ability to lead an independent life thereafter.

The Suwon divorce attorney's client emphasized that, even within the household, the client and the defendant spouse were perceived as entirely separate individuals, and stated that the substantive marital relationship had long since been concluded.

One of the main factors in the breakdown of the relationship was trust. Between spouses, the generation of income and the building of assets are important to child care and the maintenance of the household, and their fruits should be shared between the two. However, the defendant spouse was not only inadequate in economic activity but also shared nothing whatsoever about such matters or about income. This was a situation in which the basic trust of the marital relationship inevitably came down to zero, and the client identified it as one of the serious matters that made it difficult to continue the marriage.

Based on the opinions that emerged from the Ilsan divorce consultation, Daeryun's divorce attorney focused on the sensitive matter of division of property and continued preparing for the divorce litigation and advancing the related arguments.

Through the consultation, the Suwon divorce attorney's client demonstrated that the defendant spouse had failed to fulfill that role.

The client stated that economic effort and activity, along with their proceeds, should naturally be shared together, but that this had not occurred.

On this basis, Daeryun's divorce attorney argued, at the Ilsan divorce consultation, for the division of property that was the client's priority and for the child support needed until the child reached the age of majority.

Family problems cannot be attributed to any one person alone. However, if the issues are accurately identified and adjusted with the assistance of a Suwon divorce attorney, a client may obtain division of property, parental authority, and more.

Through a Suwon divorce consultation, Daeryun's divorce attorney listens in detail to the client's circumstances and, drawing on accumulated experience and a professional system, explains how a client may prevail in divorce litigation.

If you have concerns about a case like the one above, or a similar matter, you may request the assistance of a Suwon divorce attorney at Daeryun Law Firm at any time.