Deals & Cases

Divorce and consolation money (solatium)
Divorce and consolation money (solatium)Winning the case (favorable judgment)

Favorable judgment by a Gunsan divorce attorney | Daeryun argues the husband's fault and obtains the full award of 30 million won in divorce damages for emotional distress

The Gunsan divorce attorney assisted a client who wished to divorce due to her husband's continuous verbal abuse, assault, and financial irresponsibility, and the full divorce damages for emotional distress of 30 million won was granted.

1. The circumstances of the case assessed by the Gunsan divorce attorney

The client who visited Daeryun's Gunsan office for a consultation with a Gunsan divorce attorney shared her story, saying that she wished to divorce her husband. She argued that the entire responsibility for the breakdown of the marital relationship lay with her husband, and wished to obtain a large amount of damages for emotional distress.

The client's marital life as understood by the Gunsan divorce attorney

Gunsan divorce attorney-divorce damages for emotional distress
Click the image above to read more about divorce damages for emotional distress.

The Gunsan divorce attorney listened to the reasons that led the client to decide on divorce.

According to the client, her husband had continually engaged in verbal abuse and violence from the early days of the marriage.

In addition, due to alcohol addiction he caused many incidents, large and small, and the settlement money for these was all covered with funds that the client had managed to put together with difficulty.

The husband had never once held proper employment, and he squandered all of the money he earned from day labor on his own drinking, behaving irresponsibly in financial matters as well.

As a result, the client ultimately decided to marry.

She said that she feared her husband because of his strong tendency toward violence, and she wished for a divorce as quickly as possible.

Divorce Damages for emotional distress explained by the Gunsan divorce attorney

🔗Divorce damages for emotional distressrefers to receiving monetary compensation by claiming damages for emotional suffering against the spouse responsible for the breakdown of the marital relationship.

For divorce damages for emotional distress, it must be proven that the responsibility for the breakdown of the marriage lies with the other party, and that emotional harm was suffered as a result of that cause.

Cases in which a claim for divorce damages for emotional distress is recognized are as follows.

✔ An act of infidelity by the other spouse

✔ Severely unjust treatment by the other spouse

✔ Severely unjust treatment by the other spouse's family

✔ Malicious desertion by the other spouse

✔ Domestic violence or moral harassment by the other spouse

✔ Cases where one of the spouses is responsible for some other cause of the breakdown of the marriage

The right to claim divorce damages for emotional distress is subject to an extinctive prescription. Three years from the date of divorce, the prescription period expires.

The amount of divorce damages for emotional distress is determined by comprehensively considering all circumstances, including the degree to which the emotional harm suffered during the marriage is proven, the relationship between the parties, and the degree of the breakdown of the marriage.

2. Divorce litigation assistance by the Gunsan divorce attorney

In order to have the entire divorce damages for emotional distress claimed by the client granted, the Gunsan divorce attorney argued before the court as follows.

Argument by the Gunsan divorce attorney ①: The husband's financial irresponsibility

Since the marriage, the husband has never once held proper employment, and the money he occasionally earned from day labor was all squandered on his own drinking and the like, while he never once provided any living expenses.

In addition, he frequently caused incidents such as taking out loans without the client's knowledge, drunk driving, and assault, so that the client had to pay the settlement money and other costs with the money she earned.

Argument by the Gunsan divorce attorney ②: The husband's morbid jealousy and assault

From the early days of the marriage, when the husband was drunk he would shout profanities instead of calling the client by her name, and he made disparaging remarks about the client's family without any particular reason, showing no respect for the client as a wife whatsoever.

In addition, the husband exhibited symptoms of morbid jealousy and excessively interfered with the client's life. On days when he was drunk, he would suspect the client's whereabouts without any basis, pressing her with questions such as "Who have you been meeting and going around with lately?" and assaulting her.

The husband frequently assaulted not only the client but also their young children, and after the eldest son reached adulthood, he even demanded money from him. When money was not given, he would say that the children had been raised badly and would direct profanities and assault at the client all night, and on severe days he even went so far as to threaten the client with a knife.

3. With the Gunsan divorce attorney's assistance, the client obtained full granting of the divorce Damages for emotional distress

The Gunsan divorce attorney argued the husband's fault grounds to seek the divorce and, after actively assisting the client who sought to claim divorce damages for emotional distress, was able to have the substantial damages for emotional distress of 30 million won granted in full.

If you wish to obtain divorce Damages for emotional distress with the Gunsan divorce attorney

Retaining a divorce attorney can reduce the burden involved in divorce litigation.

If you wish to claim damages for emotional distress or seek division of marital property during a divorce, there is a great deal of evidence that must be proven, and this becomes much easier when working together with an attorney experienced in this area.

Daeryun LLC works to protect its clients' rights and interests based on its data of favorable judgments in a variety of 🔗divorce litigation, so if you need assistance, please make a 🔗consultation reservation and then visit.

군산이혼변호사 승소 | 대륜 군산사무소, 남편의 유책사유 주장해 이혼위자료 3,000만원 전액 인용 성공

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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