1. Are verbal abuse and abusive language grounds for divorce?
Yes, if continuous verbal abuse has reached a point where you cannot return to a normal marital relationship, it may be grounds for divorce.
Our civil law stipulates the grounds for judicial divorce as follows:
Among these, verbal abuse falls under category 3, ‘when you have been treated extremely unfairly by your spouse’, so you can file for divorce in court.
However, the court ruled that the grounds for divorce under Article 840, Paragraph 3 of the Civil Act were ‘when you have been treated extremely unfairly by your spouse.’
This refers to violence, abuse or Since it is ruled that it is a case of being insulted
(see Supreme Court decision 2003M1890, delivered on February 27, 2004, etc.),
In light of this, one spouse simply verbally or abusively spoke to her other spouse.
It would be difficult for the divorce to be recognized in court, and frequent and severe verbal abuse was used to
When it is claimed or proven that the marriage has broken down to the extent that the marital relationship cannot be restored.
It is said that a judicial divorce is possible as it falls under the grounds for judicial divorce prescribed in Article 840, Paragraphs 3 and 6 of the Civil Act.
2. Can I receive alimony in a divorce due to verbal abuse?
In the case of normal divorce alimony, it is 10 to 30 million won. Cases of abusive divorce may be fewer or unrecognized.
Alimony is compensation for mental suffering and is different from property damage, so it is not easy to prove.
Therefore, the court can decide the amount ex officio, taking into account the circumstances of the parties.
In other words, when calculating the amount of alimony for the at-fault spouse, the court considers the circumstances and extent of the at-fault act,
The court makes its decision ex officio by taking into consideration all circumstances, including the marital relationship, the cause and responsibility of the breakdown, and the spouse's age and financial status.
When divorcing a divorce due to the other party's continued verbal abuse, various factors are considered for each case.
Ultimately, depending on the severity of the verbal abuse, alimony may or may not be granted.
This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.
Please chat or email for specific details.
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