Common-Law Marital Property Division Defense Case | Dismissal of the Plaintiff's Claim for Wrongful Dissolution of Common-Law Marriage

The client, who was troubled by the division of property in a common-law marriage, had until recently been cohabiting with his girlfriend.

However, a minor argument led to a quarrel, and the two ended up separating.

Some time later, the client learned that the girlfriend had filed a lawsuit seeking division of property in a common-law marriage.

The client felt aggrieved, asserting that they had merely been in a romantic relationship and not in a common-law marriage.

Accordingly, he visited a divorce attorney to request assistance in defending against the common-law marriage property division lawsuit.

In our country, both the substantive requirements and the formal requirements of marriage must be satisfied to be recognized as a legally married couple.

However, a common-law marriage satisfies the substantive requirements of marriage but does not meet the formal requirement of marriage registration.

Accordingly, only some of the rights and obligations of a married couple can be protected legally.

The Supreme Court has ruled on the method of proving a common-law marriage through the following precedent.

The divorce attorney argued that the client and the plaintiff were not in a common-law marriage.

They had merely lived together due to the plaintiff's circumstances of having nowhere to go, and there had been no interaction at all with each other's families.

On this basis, it was possible to emphasize that the relationship was a simple romantic relationship rather than a common-law marriage.

The divorce attorney argued, with respect to the division of property in the common-law marriage, that the plaintiff had made no contribution to the formation of the client's property.

The plaintiff had never shared in living expenses and did not perform household work, and so could not prove any contribution to the formation of the property.

Accordingly, the attorney was able to argue that the division of property claimed by the plaintiff was unjustified.

The divorce attorney argued that the client and the plaintiff had each lived economically separate lives.

In addition, they managed their incomes separately and were living thoroughly independent lives in economic terms.

On this basis, it was possible to prove that there were no traces of a married couple's communal life that could establish a common-law marriage.

This was the account of a client who was nearly required to divide property unjustly due to a common-law marriage division of marital property lawsuit, but who succeeded in having the plaintiff's claim dismissed with the assistance of a divorce attorney.

As shown here, in a common-law marriage it is important to prove that the couple has carried on a shared married life.

Therefore, it is wise to respond to the case by obtaining legal advice and collecting evidence.

At Daeryun Law Firm, we clearly grasp the client's case from the consultation stage and assign the optimal attorney for each case to respond promptly to the client's case.

If, like the client's account, you need legal advice regarding a common-law marriage dissolution lawsuit, please request the assistance of a divorce attorney through 🔗legal consultation reservation.