CONTENTS
- 1. The Client Sued in a Common-Law Marital Property Division Lawsuit

- - The Circumstances of Becoming Involved in a Wrongful Dissolution of Common-Law Marriage Lawsuit
- 2. Common-Law Marital Property Division: What Is the Case-Related Information?

- - Common-Law Marriage: What Are the Legal Protections?
- - Common-Law Marriage: What Are the Methods of Proof?
- 3. Areas of Assistance for Defending a Common-Law Marital Property Division Claim

- - Divorce Attorney's Argument ① The Absence of a Common-Law Marriage
- - Divorce Attorney's Argument ② No Contribution by the Plaintiff
- - Divorce Attorney's Argument ③ Financial Independence
- 4. Result of the Common-Law Marital Property Division Defense: “Dismissal of the Plaintiff's Claim”

- - If You Have Decided to File a Wrongful Dissolution of Common-Law Marriage Lawsuit
1. The Client Sued in a Common-Law Marital Property Division Lawsuit

The client who was caught up in a common-law marriage division of marital property lawsuit could not agree to the common-law marriage with the other party or to the division of property, and with the assistance of an attorney who has handled numerous division of property cases, succeeded in having the plaintiff's claim dismissed.
The Circumstances of Becoming Involved in a Wrongful Dissolution of Common-Law Marriage Lawsuit
The client, who was troubled by the division of property in a common-law marriage, had until recently been cohabiting with his girlfriend.
However, a minor argument led to a quarrel, and the two ended up separating.
Some time later, the client learned that the girlfriend had filed a lawsuit seeking division of property in a common-law marriage.
The client felt aggrieved, asserting that they had merely been in a romantic relationship and not in a common-law marriage.
Accordingly, he visited a divorce attorney to request assistance in defending against the common-law marriage property division lawsuit.
2. Common-Law Marital Property Division: What Is the Case-Related Information?

As in the case of the client who came to a divorce attorney to defend against the division of property in a common-law marriage, in order for a common-law marriage relationship to be established, the existence of married life must be proven.
Common-Law Marriage: What Are the Legal Protections?
In our country, both the substantive requirements and the formal requirements of marriage must be satisfied to be recognized as a legally married couple.
However, a common-law marriage satisfies the substantive requirements of marriage but does not meet the formal requirement of marriage registration.
Accordingly, only some of the rights and obligations of a married couple can be protected legally.
Common-Law Marriage: What Are the Methods of Proof?
The Supreme Court has ruled on the method of proving a common-law marriage through the following precedent.
If there was a subjective intention to marry, and there also objectively existed the substance of married life that could be recognized as a marital community of life, a common-law marriage relationship should be deemed to have been established.
3. Areas of Assistance for Defending a Common-Law Marital Property Division Claim
To assist the client who was sued in a common-law marriage division of marital property lawsuit, the divorce attorney closely reviewed the client's case.
The attorney also collected evidence that there was no common-law marriage and, based on this, established a strategy to assist the client.
Divorce Attorney's Argument ① The Absence of a Common-Law Marriage
The divorce attorney argued that the client and the plaintiff were not in a common-law marriage.
They had merely lived together due to the plaintiff's circumstances of having nowhere to go, and there had been no interaction at all with each other's families.
On this basis, it was possible to emphasize that the relationship was a simple romantic relationship rather than a common-law marriage.
Divorce Attorney's Argument ② No Contribution by the Plaintiff
The divorce attorney argued, with respect to the division of property in the common-law marriage, that the plaintiff had made no contribution to the formation of the client's property.
The plaintiff had never shared in living expenses and did not perform household work, and so could not prove any contribution to the formation of the property.
Accordingly, the attorney was able to argue that the division of property claimed by the plaintiff was unjustified.
Divorce Attorney's Argument ③ Financial Independence
The divorce attorney argued that the client and the plaintiff had each lived economically separate lives.
In addition, they managed their incomes separately and were living thoroughly independent lives in economic terms.
On this basis, it was possible to prove that there were no traces of a married couple's communal life that could establish a common-law marriage.
4. Result of the Common-Law Marital Property Division Defense: “Dismissal of the Plaintiff's Claim”
As a result of supporting the client in defending against the division of property in a common-law marriage, the court rendered a judgment dismissing the plaintiff's claim.
The client, who had nearly been subjected to an unjust division of common-law marital property, expressed deep gratitude to the divorce attorney.
If You Have Decided to File a Wrongful Dissolution of Common-Law Marriage Lawsuit
This was the account of a client who was nearly required to divide property unjustly due to a common-law marriage division of marital property lawsuit, but who succeeded in having the plaintiff's claim dismissed with the assistance of a divorce attorney.
As shown here, in a common-law marriage it is important to prove that the couple has carried on a shared married life.
Therefore, it is wise to respond to the case by obtaining legal advice and collecting evidence.
At Daeryun Law Firm, we clearly grasp the client's case from the consultation stage and assign the optimal attorney for each case to respond promptly to the client's case.
If, like the client's account, you need legal advice regarding a common-law marriage dissolution lawsuit, please request the assistance of a divorce attorney through 🔗legal consultation reservation.

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.











