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I am in the process of a divorce due to domestic violence; is there a way to shorten or be exempted from the reflection period in a divorce by agreement?
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Hello. Unable to endure my husband's domestic violence, I am currently in the process of a divorce by agreement. The violence has worsened over time, and I can no longer bear it. So, is there a way to shorten or be exempted from the fixed reflection period in a divorce due to domestic violence? Truly, each day is so hard. Please help me.
divorce reflection period
divorce conciliation
divorce due to domestic violence
divorce by agreement
Answer to Related Inquiry
Author: 김국일
In a divorce by agreement, a divorce reflection period of three months applies where there are children, and one month where there are no children.
The divorce is established only after the reflection period has elapsed and your intention to divorce is confirmed by the family court.
There are cases in which maintaining married life is difficult or impossible due to special circumstances, such as a divorce due to domestic violence.
In such cases, considering the suffering of the divorcing party, the reflection period may be shortened or exempted.
At this time, you must submit a written statement of reasons, explaining the grounds for shortening or exempting the period needed up to the confirmation of the intention to divorce due to domestic violence.
When submitting the written statement of reasons, it is recommended that you submit it through a consultation with a court officer or the like, a family investigator, or a counseling commissioner.
If there is no notice designating a new confirmation date within 7 days from the date of the consultation or from the date the written statement of reasons is submitted, the initially designated confirmation date is maintained.
Because legal issues related to the divorce procedure can be complex, we recommend that you receive accurate legal advice through a consultation with a specialized attorney.
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