Can a spouse at fault file a divorce lawsuit?

The possibility of a spouse at fault filing a divorce lawsuit does exist, but this is possible only in very limited cases.

This is because, as a rule, the court does not allow a spouse at fault, 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 reversed and remanded a judgment on a divorce claim by a spouse at fault, taking the position that there are cases in which a divorce claim by a spouse at fault is also recognized.

The cases in which Supreme Court precedent may permit a divorce by a spouse at fault are as follows.

1. Where the spouse who has claimed the divorce has sufficiently provided protection for the other spouse and the children, so that the fault is offset

2. Where, with the passage of time, the fault of the spouse at fault and the other party's mental suffering have changed such that it is no longer meaningful to weigh the degree of each party's responsibility

3. Where the responsibility for the breakdown of the marriage does not remain to such a degree that the divorce claim must necessarily be rejected

A divorce claim by a spouse at fault can be recognized only in situations such as where the fault of the spouse at fault is sufficiently offset or where, with the passage of time, weighing each side's responsibility has become meaningless.

Therefore, in such cases, we recommend consulting an attorney who specializes in this area and establishing a strategy.