CONTENTS
- 1. The Client Who Requested a Divorce Consultation
- - How the Divorce Litigation Was Filed Against the Client
- 2. Divorce Consultation: What Is the Case Information?
- - What About a Divorce Claim by an At-fault Spouse?
- - What Are the Grounds for Divorce Litigation?
- 3. Areas of Assistance Through Divorce Consultation
- - Divorce Attorney's Argument 1: Divorce Litigation by the At-Fault Spouse
- - Divorce Attorney's Argument 2: Insufficient Grounds for the Plaintiff's Claims
- - Divorce Attorney's Argument 3: The Client's Efforts to Restore the Relationship
- 4. Result of Assistance Through Divorce Consultation: “Dismissal of the Claim”
- - If You Have Been Sued for Divorce
1. The Client Who Requested a Divorce Consultation
The client who requested a divorce specialist consultation succeeded in having the spouse's divorce claim dismissed through a consultation with a specialized attorney who has extensive experience in divorce cases, in order to respond to the spouse's divorce litigation.
How the Divorce Litigation Was Filed Against the Client
The client who requested a divorce specialist consultation came to a divorce attorney in order to respond to the spouse's divorce lawsuit.
The client was greatly shocked upon recently learning of the spouse's infidelity.
The client demanded that the spouse end the inappropriate relationship, but the spouse instead filed a divorce lawsuit against the client.
The client, who still had young children and did not want a divorce of all things, was deeply hurt by the spouse's such conduct.
The client decided on a divorce specialist consultation in order to have the divorce claim dismissed.
Accordingly, the client came to a divorce attorney and requested assistance.
2. Divorce Consultation: What Is the Case Information?
As in the story of the client who requested a divorce specialist consultation, if the spouse at fault files for divorce litigation, can it be accepted?
What About a Divorce Claim by an At-fault Spouse?
Regarding a divorce claim by a spouse at fault, the Supreme Court ruled as follows.
A spouse at fault for the breakdown of the marriage cannot claim divorce on the ground of that breakdown.
This is because recognizing a right to judicial divorce for a person who brought about the breakdown of the marriage would fundamentally run counter to the morality required by the marriage system.
It would also result in the unjust outcome of approving a divorce based on the unilateral intent of one spouse, or an ouster divorce.
The purpose is to ensure that, despite the breakdown of the marriage, a divorce cannot be granted against the will of the other spouse, who does not wish to divorce.
However, in the following cases, a spouse at fault may also claim divorce.
② Where, in response to the divorce claim of the spouse at fault, the other party files a counterclaim seeking divorce
③ Where the responsibility of both spouses is equal or it is difficult to determine the relative gravity
What Are the Grounds for Divorce Litigation?
Under Article 840 of the Civil Act, a divorce action may be filed only where one of the following grounds exists.
2. Where the spouse has maliciously deserted the other party
3. Where one has been subjected to extremely unfair treatment by the spouse or the spouse's lineal ascendant
4. Where one's own lineal ascendant has been subjected to extremely unfair treatment by the spouse
5. Where the life or death of the spouse has been unknown for 3 years or longer
6. Where there is any other serious ground that makes it difficult to continue the marriage
In the client's case, the goal was to have the claim dismissed through the legal grounds concerning a divorce claim by the spouse at fault.
3. Areas of Assistance Through Divorce Consultation
Through a divorce specialist consultation, the divorce attorney analyzed the relevant statutes and precedents to establish a strategy to assist the client in dismissing the divorce claim.
The attorney also formed a task force with attorneys who had handled numerous divorce lawsuits and reviewed the client's case from multiple angles, responding to the case closely.
Divorce Attorney's Argument 1: Divorce Litigation by the At-Fault Spouse
The divorce attorney argued, based on relevant precedent, that the divorce claim of the plaintiff, who was the spouse at fault, should be dismissed.
Where the other party also has no intention of continuing the marriage, so that there is no concern of a divorce based on the unilateral intent of one party or an ouster divorce,
or where protection and consideration for the other spouse and children have been provided to a degree that offsets the fault of the spouse claiming divorce,
or where, as time has passed, the fault of the spouse at fault that was significant at the time of the marital breakdown and the mental suffering of the other spouse have gradually weakened, to the point that weighing the relative gravity of the responsibility of both parties has become meaningless,
in cases where there are special circumstances such that the fault for the breakdown of the marital life does not remain to a degree warranting rejection of the divorce claim, a divorce claim by the spouse at fault may exceptionally be allowed.
On the basis of this legal principle, it could be proven that the plaintiff did not meet the exceptional requirements presented in the above precedent.
Divorce Attorney's Argument 2: Insufficient Grounds for the Plaintiff's Claims
The divorce attorney pointed out that there was no objective evidence or fact supporting the grounds for divorce claimed by the plaintiff.
The plaintiff claimed that she had decided to file for divorce on the ground that she had been assaulted by the client.
By closely analyzing the content of the plaintiff's statements recorded in the report prepared by the family investigator, it was possible to prove, on that basis, that the client's alleged assault was contrary to the facts.
Divorce Attorney's Argument 3: The Client's Efforts to Restore the Relationship
The divorce attorney argued that the client was continuously making efforts to restore the marital relationship.
Even after the fact of the spouse's infidelity was revealed, the client continuously expressed an intention to reconcile, such as by repeatedly attempting dialogue.
Through these circumstances, it was possible to highlight that the client did not consent to the divorce based on a genuine intention to maintain the marriage, rather than mere antagonism.
4. Result of Assistance Through Divorce Consultation: “Dismissal of the Claim”
Through the divorce consultation, the divorce attorney assisted the client on the basis of the statutes, and as a result the court rendered a judgment dismissing the plaintiff's claim.
The client, who did not want a divorce, expressed deep gratitude to the divorce attorney, saying that thanks to the divorce consultation the divorce could be prevented.
If You Have Been Sued for Divorce
This was the account of a client who was sued in a divorce litigation by a spouse but was able to have the plaintiff's claim dismissed through divorce specialist consultation.
Divorce litigation often involves a complex combination of various related matters such as division of marital property and the right of custody, so careful handling based on relevant evidence and statutes is required.
Therefore, it is important to respond to the case systematically based on the legal advice of a specialist attorney.
At Daeryun Law Firm, attorneys who have handled numerous divorce litigations form a task force to closely review the client's case and assist in resolving the matter swiftly.
If you are sued in a divorce litigation, as in this client's case, please request divorce specialist consultation through a 🔗legal consultation appointment.
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.
