[Divorce Litigation Success Case] Divorce Litigation Client Obtains Divorce Along With Custody and Child Support

The married life of the client, who requested a consultation with a divorce attorney for divorce litigation, had not been harmonious.

Several years earlier, the client had completed the marriage registration and then lived together with the defendant. From the start of the marriage, the defendant disregarded the client and habitually engaged in ridicule and verbal abuse.

The defendant, who was also financially irresponsible, did not provide living expenses to the client, and the client, who had a child being raised together, experienced financial hardship.

The client therefore came to a divorce attorney at Daeryun in order to obtain a divorce through litigation and to proceed with proceedings concerning child support and parental authority for the minor child.

■ Understanding the Statutes Related to Divorce Litigation

▶ Civil Act Article 840 (Grounds for Judicial Divorce)

Either spouse may petition the Family Court for divorce in any of the following cases:

1. Where the spouse has committed an act of infidelity

2. Where the spouse has maliciously deserted the other

3. Where the spouse has received extremely unfair treatment from the spouse or the spouse's lineal ascendant

4. Where one's own lineal ascendant has received extremely unfair treatment from the spouse

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

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

▶ Civil Act Article 837 (Divorce and Responsibility for Raising a Child)

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

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

1. Determination of the custodian

2. Allocation of child-rearing expenses

3. Whether and how the right of visitation is to be exercised

③ Where the agreement under paragraph (1) is contrary to the welfare of the child, the Family Court may order its correction or may, ex officio, determine the matters necessary for raising the child, taking into account the child's intent and age, the parents' financial circumstances, and other relevant factors.

④ Where no agreement on matters concerning the raising of the child is reached or such agreement cannot be made, the Family Court shall decide on these matters ex officio or upon the request of a party. In such case, the Family Court shall take into account the circumstances under paragraph (3).

⑤ Where the Family Court finds it necessary for the welfare of the child, it may, upon the request of the father, mother, child, or prosecutor, or ex officio, change matters concerning the raising of the child or take any other appropriate disposition.

⑥ The provisions of paragraphs (3) through (5) shall not bring about any change in the rights and duties of the parents other than with respect to matters concerning the raising of the child.

The divorce attorney argued that the principal cause of the divorce litigation lay with the defendant.

Looking at the married life of the plaintiff and the defendant, the attorney noted that the defendant made no active effort to restore the relationship.

It was confirmed that the defendant was not only financially irresponsible but also regularly disregarded and ridiculed the client.

The divorce attorney argued that, because the affection and trust of the marital relationship had been lost, the divorce should be established through the divorce litigation.

Up to the divorce litigation, the defendant did not provide living expenses to the client.

The divorce attorney emphasized that, despite having a child, the defendant was addicted to gambling and carried debt.

The client engaged in economic activity alone in order to sustain the household and bore the living expenses.

The divorce attorney pointed out that the defendant had no intention of engaging in economic activity to provide living expenses for raising the child, and argued through the divorce litigation for child support.

Although the couple lived together in marriage until the divorce litigation, the defendant showed indifference toward the child.

The divorce attorney argued that, because of the defendant's frequent nights away from home and the defendant's debt, the client was raising the child entirely on her own.

The client was bearing the child's upbringing and the child support alone in place of the defendant, and the divorce attorney argued that the client should hold parental authority and custody over the child, as well as for the defendant's regular child support payments.

In the course of the divorce litigation, with the support of a Daeryun divorce attorney, the client was able to obtain the establishment of the divorce and parental authority and custody.

The client also became able to receive child support on a regular basis and expressed gratitude to the Daeryun divorce attorney.

If a situation arises in which you, like the client, must pursue divorce litigation over the establishment of a divorce and issues of custody, you may turn to a divorce attorney at Daeryun Law Firm.

With extensive experience in favorable outcomes and a dedicated divorce team, we can assist with the overall process from the consultation through trial.