Divorce Litigation | A Divorce Attorney Who Had Both the Consolation Money and Child Support Claims Dismissed

Divorce litigation refers to a procedure in which one spouse files with the court in order to dissolve the marital relationship, and where no agreement is reached between the parties, the family court decides the dissolution of the marriage by judgment.

The Civil Act sets forth the grounds for judicial divorce, providing that a person may petition the court for divorce when there exist circumstances such as the spouse's act of infidelity, malicious desertion, grievously unfair treatment, three or more years of unknown whereabouts as to whether the spouse is alive or dead, and any other serious cause making it difficult to continue the marriage.

Because this involves judging not only ‘whether to divorce’ but also ancillary claims such as divorce litigation consolation money, division of marital property, custody, and child support, a legal basis and the securing of evidence are very important.

As with the present client, where the spouses' respective views on the cause of divorce differ and the agreement has completely broken down, a contested divorce by trial must be pursued.

In particular, because this was a situation in which consolation money and a past child support claim litigation had also been filed, the divorce attorney quickly proceeded to respond to the divorce-by-trial procedure.

In this case, the agreement between the couple had completely broken down, and a divorce suit for alimony and past child support claims had also been filed, so it was proceeded through trial divorce proceedings.

① Securing Evidence to Rebut the Claim of Unfair Treatment
The attorney secured the statements of the parents-in-law, the statement of the caregiver, and hospital entry records, and thereby proved that the nursing care of the father-in-law had been provided not by the wife, as she claimed, but with the help of a third party.

Through this, the wife's claim of “unfair treatment arising from nursing the parents-in-law” lost its persuasiveness.

② Establishing the Real Cause of the Breakdown of the Marriage
The attorney argued that the primary responsibility for the breakdown of the marriage lay with the wife, citing the points that she had unilaterally begun the separation and withdrawn the housing deposit, and that she had not given the client an opportunity to confer at the time she moved out.

③ Submitting Records of Remittances of Living Expenses and Child Support
Even after the separation, the client had continuously paid living expenses for the children.

The attorney submitted the relevant remittance records and bank transfer records as evidence and emphasized that the client had been fulfilling his duty of support toward the children.

The court rendered a judgment dismissing all of the plaintiff's (the wife's) claims for divorce consolation money and past child support, granting only the divorce and not accepting the financial claims.

This case was an example in which, beyond an emotional dispute between the spouses, the locus of responsibility for the breakdown of the marriage and the legal basis for the financial claims became the issues.

The divorce attorney's systematic analysis of the facts and presentation of evidence led to the result of having both the divorce litigation consolation money and the child support claim litigation dismissed.

In divorce litigation, clearly proving the facts through the assistance of a specialist from the outset is the first step.

If you are in a situation in which you need help with a divorce-related matter, we invite you to make a 🔗legal consultation reservation with Daeryun, ranked the ninth-largest law firm in Korea (based on 2025 National Tax Service value-added tax filings).