6 reasons for divorce

No. 1. When a spouse commits unfaithfulness

What is a dishonest act?

- Refers to all inappropriate acts committed with a person other than a spouse recognized by law.
- Inappropriate behavior with someone of the same sex can also be considered an unjust act.

1. Case in question

• If you live with someone other than your spouse even if you have not actually had sexual intercourse due to physical incapacity such as old age or illness

• When incest is suspected and a police officer enters the residence, both men and women are found wearing only underwear.

2. Cases that do not apply

• Even if an act is objectively seen as an unjust act, it is not done intentionally (rape, forced molestation, etc.)

• Unfaithful acts committed before legal marriage

No. 2. When a spouse abandons the other party with malicious intent

What is when a spouse abandons the other out of malice?

- This refers to not fulfilling the obligations of cohabitation, support, and cooperation without the consent of the other party and a justifiable reason.

1. Case in question

• When a person runs away from home after entering into a legal marriage relationship and cohabiting for a short period of time and does not return

• If you live with an adulterous person and leave your spouse alone or at a child's home for a long period of time

2. Cases that do not apply

• If the other party ran away from home first because they could not tolerate frequent going out and being treated unfairly.

• When there is a justifiable reason for separation (verbal language or assault by the other party, court recommendation, consent of the other party)

No. 3. When you have been treated extremely unfairly by your spouse or his/her immediate ascendant

What does it mean when you are treated very unfairly?

- This refers to cases where a person has been subjected to verbal abuse or assault to the extent that it is objectively judged that the continuation of the marital relationship is difficult.

1. Case in question

• Cases where the husband is abusive from the beginning of marriage for various unreasonable reasons and it is difficult for the couple to continue their relationship any longer.

• Cases where the husband was forcibly admitted to a mental hospital or nursing home by labeling him as a mentally ill person with suspicions.

• If the person involved is insulted, such as handcuffed, at work, such as a company.

2. Cases that do not apply

• A case in which a couple's emotions are aroused during a fight and several assaults and insults are made, but the severity cannot be considered serious.

• Cases where there is a reason that forced verbal abuse and assault, etc. (even though the divorce judgment request was dismissed, the wife, who was angry at the sight of him having an affair with another woman without making any effort to reconcile, went to her husband's workplace and insulted her) case)

No. 4. When your immediate ascendant has been treated extremely unfairly by your spouse

What does it mean when you are treated very unfairly?

- This refers to a case where one's immediate ascendant has been verbally abused or assaulted to the extent that it is objectively judged that the continuation of the marital relationship is difficult.

- Article 840 of the Civil Code stipulates that divorce is grounds for trial not only when a person has been treated extremely unfairly by his or her spouse or his or her immediate ascendant, but also when his or her immediate ascendant has been treated extremely unfairly by his or her spouse.

1. Case in question

• In cases where the spouse not only inflicted injuries by continuously assaulting the spouse for not bringing gifts or wedding gifts, but also treated the spouse's parents with abuse.

2. Cases that do not apply

• In case of words or actions that are somewhat against etiquette

No. 5. When the life or death of a spouse has not been known for more than 3 years

What is unknown?

- This means a state in which it is impossible to prove whether the spouse is alive, and the state must continue for more than 3 years until the time of filing for divorce.

In this case, the divorce is decided through a default trial after service by public notice. In other words, the trial will be held without the other party present and the divorce will result.

No. 6. When there are other serious reasons that make it difficult to continue the marriage

What does it mean when there are serious reasons that make it difficult to continue a marriage?

- When the relationship between a couple is broken down to the point where recovery is impossible, and maintaining the marriage is extremely psychologically painful for one party.

1. Case in question

• In the case of a wife who could not bear her husband's continuous assault and filed for divorce and made it clear that she had no intention of reuniting.

• In case of separation after filing divorce suit due to wife's unreasonable refusal to have sex and infidelity

2. Cases that do not apply

• Cases where symptoms of depression were exhibited during the marriage period, but after treatment at the hospital, there are currently no significant problems and there is a desire to maintain the marriage.

• Cases where sexual function is somewhat impaired due to diseases such as azoospermia

This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.
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