Can I file an at-fault spouse divorce litigation?

There is a possibility that an at-fault spouse can first file for divorce litigation, but this is only possible in very limited cases.

In principle, the court does not allow an at-fault spouse who is responsible for the breakdown of the marriage to proceed with a divorce that the other party does not want.

However, the Supreme Court recently took the position that there are cases where the divorce claim of an at-fault spouse can be recognized, by reversing and remanding a judgment on the divorce claim of an at-fault spouse.

The cases in which the Supreme Court precedents allow divorce by an at-fault spouse are as follows.

1. When the spouse seeking divorce has provided sufficient protection to the other spouse and children, offsetting the fault

2. When, with the passage of time, the responsibility of the at-fault spouse and the mental suffering of the other party have worsened to such an extent that determining the degree of mutual responsibility is no longer meaningful

3. When responsibility for the breakdown of the marriage does not necessarily remain to the extent that the divorce claim must be rejected

The divorce litigation claim can be recognized only in situations where the responsibility of the at-fault spouse is sufficiently offset, or where determining mutual responsibility becomes meaningless due to the passage of time.

Therefore, in such cases, I recommend establishing a strategy through consultation with a specialized attorney.