Gangneung Law Firm Assistance Case | Gangneung Law Firm Helps the Client With a Counterclaim, Securing Parental Authority and Custody and Claiming Child Support

The client had been sued for divorce by the spouse.

The client and the client's spouse had a child together and had continued their married life.

However, the client's spouse demanded a divorce, claiming that the client had used abusive language, insults, and disrespect during their married life.

The client proceeded with the divorce litigation, and the divorce from the spouse was finalized.

However, the client was unable to obtain custody.

The client requested the Gangneung divorce law firm's assistance in order to secure parental authority and custody, on the grounds that it was in fact the spouse who had treated the client unfairly during the marriage and had neglected the children.

The Gangneung law firm explained the divorce litigation.

▣ Article 840 of the Civil Act (Judicial DivorceGrounds)

Either spouse may file a claim for divorce with the Family Court in any of the following cases.

1. When the spouse has committed an act of infidelity

2. When the spouse has maliciously deserted the other

3. When the spouse has been gravely mistreated by the other spouse or the other spouse's lineal ascendant

4. When one's own lineal ascendant has been gravely mistreated by the spouse

5. When the spouse's life or death has been unknown for three years or more

6. When there is any other grave reason making it difficult to continue the marriage

The non-custodial party may obtain child support by filing a 🔗child support claim lawsuit.

▣ Article 837 of the Civil Act (Divorce and Responsibility for Child Rearing)

① The parties shall determine matters concerning the rearing of the child by agreement.

② The agreement under paragraph (1) shall include the following matters.

1. Determination of the person who will rear the child

2. Bearing of the rearing expenses

3. Whether and how the right of visitation will be exercised

③ If the agreement under paragraph (1) is contrary to the welfare of the child, then the Family Court may order its correction or, on its own authority, determine the matters necessary for rearing, taking into account the wishes and age of the child, the financial situation of the parents, and other circumstances.

④ If no agreement on matters concerning rearing is reached or cannot be reached, then the Family Court shall determine these matters on its own authority or upon the claim of a party.

⑤ If the Family Court finds it necessary for the welfare of the child, then it may, upon the claim of the father, mother, child, or prosecutor, or on its own authority, change the matters concerning the rearing of the child or take other appropriate measures.

*If you would like a detailed consultation, please apply for a 🔗legal consultation with an attorney.

The client's spouse argued that the divorce was due to the client's insults, abusive language, and the like.

The Gangneung divorce law firm rebutted this.

The firm argued that the client had not used abusive language toward the spouse and that the spouse had no evidence to prove otherwise.

The firm also noted that it was in fact the spouse's side that had treated the client unfairly.

The client's spouse frequently went out late at night.

The Gangneung divorce law firm argued that, because of the spouse's outings, the client, who had returned from work, had to take over the household duties and child rearing.

With the Gangneung law firm's assistance with the client's counterclaim in the divorce litigation, the client was able to obtain parental authority, custody, and child support.

At Daeryun, attorneys located across all regions arrive at customized solutions for clients through in-person meetings and real-time video conferences.

If you are going through a divorce, please request the assistance of a 🔗Gangneung attorney at any time.