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A Gunsan Divorce Attorney Assistance Case | With the Assistance of a Gunsan Divorce Attorney, a Claim for Consolation Money Was Dismissed and the Division of Marital Property Was Reduced by Half
The client, who consulted a Gunsan divorce attorney and proceeded with divorce litigation, was faced with a claim by his wife for 30 million won in consolation money and 250 million won in division of marital property. However, with the assistance of Daeryun, the claim for consolation money was dismissed, and the amount of the division of marital property was reduced by half.
1. The Client Who Came to the Gunsan Divorce Attorney, and the Reason
The client, who visited Daeryun's Gunsan office to consult a Gunsan divorce attorney, was subject to a divorce lawsuit filed by his wife claiming a large amount of consolation money and division of marital property.
The client wished to argue that the wife's grounds for claiming consolation money were not justified and that the division of marital property was also based on an unreasonable calculation.
The Account the Client Shared with the Gunsan Divorce Attorney
The Gunsan divorce attorney listened to the background of how the client came to be in divorce litigation with his wife.
The client was in serious conflict with his wife, the plaintiff. The grounds for conflict asserted by the plaintiff were that the relationship between the client and his mother was excessively close, and a difference in values regarding control of household finances.
In the end, the two had been living apart for more than 3 years, and serious conversation or communication aimed at restoring their relationship had broken down.
Accordingly, the plaintiff judged that the marital relationship had broken down and proceeded with divorce litigation.
However, the client could not accept at all the consolation money and division of marital property claimed by the plaintiff.
The plaintiff asserted the client's dependence on his mother and his indifference toward the household as grounds for fault.
Moreover, the amount of division of marital property proposed by the plaintiff had been calculated without taking into account the sum the client had previously paid to the plaintiff. The client therefore judged that it would be advisable to proceed with the divorce litigation with the assistance of an attorney specializing in this area, and
the client came to request the help of Daeryun's Gunsan divorce attorney.
Relevant Statutes Explained by the Gunsan Divorce Attorney
■ Grounds for Judicial Divorce
▣ Article 840 of the Civil Act provides the following as grounds for judicial divorce.
(1) Where the spouse has committed an act of infidelity * Meaning of an act of infidelity : An act of infidelity by a spouse refers to any act in which, after marriage, one spouse, of his or her own free will, fails to faithfully observe the marital duty of fidelity and the duty of sexual chastity. It is a broader concept than adultery, which presupposes sexual intercourse. |
(2) Where the spouse has maliciously deserted the other spouse |
(3) Where the spouse has received extremely unfair treatment from the spouse or the spouse's lineal ascendant |
(4) Where the spouse has received extremely unfair treatment from the spouse or the spouse's lineal ascendant (parents-in-law, father-in-law, mother-in-law, and the like) |
(5) Where one's own lineal ascendant has received extremely unfair treatment from the spouse |
(6) Where it has been unclear for 3 years or more whether the spouse is alive or dead |
(7) Where there is any other serious cause making it difficult to continue the marriage * A serious cause making it difficult to continue the marriage : a situation in which the harmonious marital communal life that is the essence of marriage has broken down to a degree beyond recovery, such that compelling the continuation of the marital life would constitute unbearable suffering for one spouse - Supreme Court Decision 2005Meu1689, rendered December 23, 2005 This is determined by considering the degree of marital breakdown, the existence of an intention to continue the marriage, the duration of the marital life, whether the parties bear responsibility, the ages of the parties, the security of life after divorce, and various other circumstances of the marital relationship - Supreme Court Decision 99Meu1886, rendered September 5, 2000 |
2. The Gunsan Divorce Attorney's Assistance for the Client
In order to argue that the consolation money claimed by the wife was unjustified, the Gunsan divorce attorney listened closely to the client's account of his married life and the reasons for its breakdown, and, on the basis of circumstances favorable to the client, made the following arguments.
The Plaintiff Presented Her Own Personal Feelings as Grounds for Divorce
The plaintiff presented, as grounds for divorce, detailed and minor feelings of resentment toward the client and the client's mother.
The plaintiff argued that the mother-in-law's affection in cherishing her son, the client, when viewed ‘solely from the standpoint of a daughter-in-law,’ amounted to ‘receiving unfair treatment’ as provided under Article 840 of the Civil Act.
However, it was argued that these were merely the plaintiff's one-sided feelings of resentment and could not constitute a cause sufficient to bring about the breakdown of the marital relationship.
1 Hundred Million Won of the Division of Marital Property Claimed by the Plaintiff Had Been Paid in Advance
After the plaintiff left home without notice, the parties began living apart, and following the separation the plaintiff told the client that she would proceed with divorce unless he paid her 100 million won. The client, who did not want a divorce, paid 100 million won in an effort to change the plaintiff's mind.
It was therefore argued that this sum should be deducted as an advance payment toward the division of marital property.
The Grounds for the Plaintiff's Claim for Consolation Money Differ from the Facts
The plaintiff claimed consolation money, presenting the client's neglect of the household and lack of financial ability as the reasons for the breakdown of the marriage.
However, it was argued that, in fact, it was the plaintiff who had wasted living expenses throughout the marriage on excessive hobbies and who had thereby neglected the children's care.
By contrast, it was argued that the client had done his utmost in economic activity for the sake of the household, continuing to work at his job while also taking on a second job.
3. The Result of the Gunsan Divorce Attorney's Assistance, the Claim for Consolation Money Dismissed and the Division of Marital Property Reduced by Half
The client, who pursued the divorce litigation together with the Gunsan divorce attorney, was able to achieve the desired outcome, as the plaintiff's claim for consolation money was dismissed in full and the amount of the division of marital property was reduced by half.
Daeryun operates a divorce litigation group in which, from the initial consultation, an attorney specializing in divorce participates directly to accurately understand the client's wishes and to do its utmost so that the client's life after divorce may be happier.
Accordingly, if you are facing difficulties in a situation similar to that of the above client, you are welcome to visit Daeryun's Gunsan divorce attorney at any time to request a consultation.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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