I am asking for a divorce even though there are no grounds for divorce. Will I get divorced?
The grounds for judicial divorce are stipulated in Article 840 of the Civil Code.
Therefore, if there are no facts that constitute grounds for divorce in court,
Even if the other party files a divorce suit, there is a high possibility that the court will not accept it.
However, on the other hand, the court ruled that due to circumstances that cannot be attributed to either party, such as a long-term separation,
If you claim and prove that the marriage has already broken down to the point where it is difficult to continue married life,
It is believed that this is grounds for divorce under Article 840, Paragraph 6 of the Civil Act.
In other words, the breakdown of the marriage itself becomes grounds for divorce under No. 6.
In the above provision, ‘when there are serious reasons that make it difficult to continue the marriage’ means that it corresponds to the nature of marriage.
When the marital relationship is irreparably broken, it is difficult to force the marriage to continue.
This refers to cases where unbearable pain is caused to one spouse, and when judging this,
Whether there is an intention to continue the marriage, whether the parties are responsible for the cause of the breakdown, duration of marriage, presence or absence of children,
The age of the parties, security of living after divorce, and other circumstances of the marital relationship are used as criteria for judgment.
However, these cases are rarely recognized because they are very difficult to prove.
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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