You and your partner have been separated for a long time. Is this grounds for divorce?

1. Is long-term separation grounds for divorce?

Divorce at trial is possible when there are grounds for divorce stipulated by civil law.
Therefore, just because a couple has been separated for a long time does not necessarily mean that they will divorce.
This is because the grounds for divorce under the law are limited to the following.

Of course, if both couples who have been separated for a long time want to divorce, they can easily do so.
However, it becomes a problem when only one spouse wants a divorce.
The court determines 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 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.

In other words, even if the marriage has been separated for a long time, it is important to prove that the marriage has broken down by considering all the above circumstances.
However, even in cases of long-term separation, the at-fault spouse's claim for divorce is rejected. Mainly responsible for the breakdown of the marriage relationship
In accordance with Article 840, Paragraph 6 of the Civil Act, the spouse at fault cannot file for divorce on the grounds of the breakdown.
It is a principle (Supreme Court decision 90M95, sentenced on April 27, 1990, etc.), and as an exception, ‘the other spouse is coming or out of retaliatory feelings.
On the surface, it may be that the spouse is simply not complying with the divorce, or the spouse at fault is so culpable that the divorce request must be rejected.
A divorce request by the at-fault spouse is recognized only in cases where there are special circumstances that do not remain.

2. We have been separated for a long time and there is no way to contact you. Can you get divorced?

1) Reasons for divorce

Yes, divorce is possible.

First of all, if your spouse loses contact without a justifiable reason, it can be considered grounds for divorce.
Our civil law stipulates that married couples must live together and support and cooperate with each other.
When a spouse abandons the other party with malicious intent or when it is otherwise difficult to continue the marriage
When there is a serious reason, it is recognized as a cause for divorce in court.

Therefore, if one spouse loses contact for a long period of time without a justifiable reason,
The spouses have obligations as a couple to cohabit, support, and cooperate with each other for no justifiable reason.

This corresponds to a case of giving up and abandoning the other party, or violating the husband and wife's cohabitation and support obligations;
One spouse is recognized as having deserted the other, or the marriage relationship can no longer be restored.
Since it is a case where it appears to be broken, you can file for divorce at trial on this grounds.
In addition to property division, you can also claim alimony against the at-fault spouse who caused the breakdown of your marriage.

2) How to divorce in case of loss of contact

If your spouse's fate is unclear for more than three years, you can file for divorce.
‘When life or death is unclear’ refers to cases where it is impossible to prove at all whether the spouse is alive or dead.

Not only has his life and death not been revealed for more than three years, but even at the present time,
It must not be known, and in this case, the divorce will be decided through a default trial after service by public notice.
If the person is alive but has run away from home and their whereabouts are unknown, it is cause 2.

A divorce suit must be filed by public notice on the grounds of 'malicious abandonment'.
If one spouse is declared missing, the marriage is dissolved as the person is deemed dead at the expiration of the period of disappearance.
Spouse is unknown for 5 years (usually missing) or war, ship sinking, plane crash,
In case of other danger and the life or death is unknown for 1 year (special disappearance), a spouse or other interested party may file a claim.
The court sets a period of at least six months to require the absentee or anyone who knows the absentee's life or death to report.
If the court declares disappearance after the public notice limit (Articles 66 and 67 of the Domestic Judgment Rules) and the judgment for declaring disappearance is confirmed (Article 27 of the Civil Act),
Since the missing person is considered dead when the period of disappearance expires, the marriage is dissolved like death.

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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