The other person is in prison for a crime. Is this grounds for divorce?
Just because the other person is in prison due to a crime does not immediately constitute grounds for divorce.
however! This is possible in exceptional cases.
Our civil law stipulates the causes of divorce at trial (Article 840 of the civil law).
In the case where the other party is serving a sentence for a crime, you are asked:
It can be seen as ‘when there are serious reasons that make it difficult to continue the marriage.’
In fact, ① the husband was sentenced to four years in prison for unscrupulous crimes such as raping a married woman.
If he has been serving his sentence since the divorce petition was filed, ② he has already served his wife for more than 5 years.
In the case where the husband who left her to care for her children without her husband is released from prison after more than 9 years
The court applied this to Article 840, Paragraph 6 of the Civil Act, ‘When there are serious reasons that make it difficult to continue the marriage.’
We determined that this was applicable and accepted the plaintiff's divorce request (Supreme Court decision 74m1, October 22, 1974).
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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