I am the guilty spouse. I am trying to divorce. Can I file for divorce?
The spouse who is primarily responsible for the breakdown of the marriage is called the at-fault spouse.
The principle is that the at-fault spouse cannot file for divorce on the grounds of marriage breakdown.
However, even though it is objectively clear that the other party has no intention of continuing the marriage after the breakdown,
There are special circumstances, such as not agreeing to divorce due to selfish or retaliatory feelings.
Only in exceptional cases, the at-fault spouse's right to file for divorce is recognized.
Please refer to the actual case below.
While her wife went dancing, she neglected her family and ran away several times for no reason.
She did it, but then she returned home, and after running away from home for a while, she drank alcohol and was hospitalized in the emergency room.
After she was discharged from the hospital, she ran away from home again with a large amount of money in her savings account, withdrew it all and spent it, causing her husband to run away.
This is a case in which the wife, the at-fault spouse, filed for divorce after she sued her wife for theft, etc. and was found guilty.
The court found that the wife was imprisoned and found guilty following her husband's complaint.
In the process, her husband requested that he be severely punished, even on the date of hearing of the divorce suit filed by her wife.
I have no intention of maintaining a conjugal relationship with her wife, but I want to prevent her from marrying someone else.
Based on the statement that divorce is not possible, the husband actually has no intention of continuing the marriage with her wife.
There is room to see that the divorce is only superficially rejected out of spite or retaliatory feelings, even though there is absolutely nothing there.
Since there was sufficient evidence, the right of the wife, the at-fault spouse, to file for divorce was acknowledged.
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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