The other person commits domestic violence. Is this grounds for divorce?
Yes, it is grounds for divorce!
If one spouse assaults the other, it is grounds for divorce in court.
Our civil law stipulates the grounds for divorce at trial as follows:
This is because spousal assault falls under category 3, ‘when you have been treated extremely unfairly by your spouse.’
The Supreme Court ruled that the ground for divorce prescribed in Article 840, Paragraph 3 of the Civil Act is ‘when you have been treated extremely unfairly by your spouse.’
An assault or assault to the extent that it is considered harsh for one party to a marriage to force the spouse to continue the marriage relationship.
It was ruled that this refers to cases of abuse or serious insult (Supreme Court decision 99M180, November 26, 1999).
In light of this, if one spouse frequently assaults the other spouse and the marriage breaks down to the extent that it cannot be restored to a normal marital relationship,
It can be said that a judicial divorce is possible as it falls under the grounds for judicial divorce under Article 840, Paragraphs 3 and 6 of the Civil Act.
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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