A Favorable Judgment with a Gangnam Divorce Litigation Attorney | Securing Decisive Evidence with the Assistance of a Daeryun Gangnam Divorce Litigation Attorney

◎ Judicial divorce: the dissolution of a marital relationship by means of a trial.

(1) Divorce by conciliation: a procedure in which, where the spouses cannot reach agreement, a conciliation committee, prior to a divorce lawsuit, hears the views of the spouses and seeks to bring about an agreement. If conciliation is not established, the divorce litigation procedure proceeds.

(2) Divorce by lawsuit: where one of the six grounds prescribed by Civil Act Article 840 applies, a one-sided claim for divorce without agreement is possible through a divorce trial.

◎ Grounds for judicial divorce (Civil Act Article 840)

Either spouse may file a claim for divorce with the family court where any of the following grounds exists.

1. Where the spouse has committed an act of infidelity

2. Where the spouse has maliciously deserted the other

3. Where one has been subjected to extremely unfair treatment by the spouse or the spouse's lineal ascendant

4. Where one's own lineal ascendant has been subjected to extremely unfair treatment by the spouse

5. Where it has been unclear for three years or more whether the spouse is alive or dead

6. Where there is any other serious ground making it difficult to continue the marriage

◎ Extinction of the right to claim divorce due to infidelity (Civil Act Article 841)

The ground under Civil Act Article 840 (1) may not be asserted to claim divorce where the other party gave prior consent or subsequent forgiveness, or where six months have passed since the day on which it became known, or two years have passed since the day on which the ground arose.

◎ Why you should identify the grounds for judicial divorce and then proceed together with a divorce litigation attorney

Where the spouse does not consent to the divorce, the divorce is claimed on the basis of the grounds for judicial divorce.

Where a dispute arises, evidence must be gathered in preparation for the trial, but this can be quite complicated and difficult.

In particular, where one is deemed to be the spouse at fault to whom a ground for judicial divorce applies, a claim for divorce may, in principle, not be accepted.

The gathering of valid evidence for a divorce lawsuit and the divorce litigation procedure are highly complicated and require advanced strategy and skill.

If you feel that this is difficult to handle on your own, we recommend that you obtain legal assistance through a consultation with a divorce litigation attorney of Daeryun Law Firm who is well versed in divorce matters.