Ulsan divorce attorney winning the case | A case in which Daeryun's assistance secured the dismissal of the plaintiff's claim for divorce damages for emotional distress

The client in this case was asked by their wife for a divorce and had a consolation money claim lawsuit filed against them.

According to the wife's argument, from the beginning of the marriage the client behaved coercively and habitually used abusive language, and assaulted her on the ground that she talked back.

Accordingly, she argued that the entire responsibility for the breakdown of the marital relationship lay with the client and demanded payment of 30 million won as consolation money.

Moreover, she argued that because she had supported the client in every way by raising the children and doing the housework throughout the marriage, she was entitled to a division of marital property recognizing her contribution at 50%.

The client protested the injustice, stating that there was no such truth at all and that, on the contrary, the wife had caused financial problems on several occasions during the marriage and had failed to fulfill her duty to support the family, and requested a defense of the lawsuit.

The Civil Act provides the following six grounds for 🔗judicial divorce.

If the responsibility for the breakdown of the marriage lies with the other party and one has suffered mental harm as a result, one may claim 🔗divorce consolation money.

However, the right to claim divorce consolation money is subject to an extinctive prescription. The prescription is completed once 3 years have passed from the date of divorce.

■ Civil Act Article 766 (Extinctive Prescription of Claim for Damages)

① A claim for damages arising from a tort shall be extinguished by prescription if not exercised within 3 years from the date on which the injured party or their legal representative became aware of the damage and the perpetrator.

② The same shall apply where 10 years have elapsed from the date the tort was committed.

The attorney argued that although the plaintiff had made a consolation money claim asserting that she had suffered mental distress due to unfair treatment such as assault by the client, the grounds for this were insufficient.

The attorney argued that the client had merely sustained mutual bruises during a physical scuffle in the course of trying to stop the plaintiff, who frequently left home to live elsewhere, from leaving, and that there was otherwise no fact that the client had assaulted or verbally abused the plaintiff.

On the contrary, the plaintiff had caused financial problems on several occasions during the marriage and had left home without permission for a long period, causing the family mental distress.

The attorney argued that this consolation money claim as well was clearly intended to repay the plaintiff's own outstanding debts, and petitioned for the dismissal of the claim.

This case was one in which a client who had been unjustly demanded consolation money and property division by his wife on the ground of responsibility for the breakdown of the marriage successfully defended the case through dismissal of the claim, with the help of Daeryun's Ulsan divorce attorney.

In divorce, every matter, including consolation money, property division, parental authority, and custody, can become the basis of a dispute, so it is advantageous to obtain the assistance of a 🔗divorce specialist attorney at the early stage of the case.

If you need help with a similar case, please visit Daeryun Law Firm at any time.