Is forced divorce possible for a couple of 5 years?

Hello. This is the divorce specialist attorney at Daeryun Law Firm.

To respond to your inquiry about 'forced divorce,' the legal term 'forced divorce' does not exist separately, and it is generally used as an expression meaning a judicial divorce proceeding without the spouse's consent.

Even if a spouse does not agree to divorce, divorce is possible through trial if there are reasons recognized by the court, and many people understand this procedure as 'forced divorce.'

In addition to what you asked, you can request a divorce if there are spousal infidelity, malicious abandonment, serious unfair treatment, or serious reasons that make it difficult to continue the marriage.

However, simple disagreements or frequent quarrels are difficult to recognize as judicial divorce reasons, and it must be objectively proven through materials that the marital relationship has broken down to the extent that it cannot be recovered.

In this process, various evidence such as text messages, recordings, and statements can play an important role.

In addition, if you are an at-fault spouse who provided the main cause of the marital breakdown, the divorce request may also be dismissed.

Therefore, a process of legal review is needed regarding the course of the marital breakdown, the cause of the conflict, and the location of responsibility.

If there are children, custody is judged based on the welfare of the child as the top priority. Who the current main caregiver is, the child's age, the parenting environment, and the parents' parenting will and ability are comprehensively considered.

Also, even if one party gains custody through the divorce procedure, the other party's visitation right is in principle guaranteed.

Hiring an attorney does not immediately mean that forced divorce is established, but if you can sufficiently prove the cause of marital breakdown that constitutes a judicial divorce reason, you can proceed with divorce without the spouse's consent.

In the process of going through various procedures, Daeryun divorce specialist attorneys can provide legal advice on filing divorce lawsuits, consolation money, property division, and custody.

Daeryun, Korea's 9th largest law firm (based on 25-year National Tax Service VAT filings), provides trust-based legal services.