You don't love your spouse. I really want to divorce, what should I do?
1. How to divorce if you don’t love your spouse?
There are two types of divorce: divorce by agreement and divorce by trial.
If the couple agrees to divorce, they can obtain a divorce by agreement.
If an agreement is not reached, a judicial divorce can be obtained through a court trial at the request of one of the parties.
In our civil law, the causes of judicial divorce are determined by law.
Please refer to the legal provisions below.
Article 840 (Causes for Divorce in Trial) One party of a couple may file a request for divorce to the Family Court if any of the following reasons exist:
When your spouse commits an unfaithful act
When a spouse abandons the other party with malicious intent
When you have been treated extremely unfairly by your spouse or his/her immediate ascendant
When your immediate ascendant has been treated extremely unfairly by your spouse
When the life or death of a spouse has not been known for more than 3 years
When there are other serious reasons that make it difficult to continue the marriage
If you want to divorce your spouse because you do not love him or her, you can obtain a divorce by agreement if the couple has agreed to the divorce.
However, if the spouses do not agree to divorce, divorce can only occur if it meets the grounds for divorce in court.
If there are no grounds that fall under each subparagraph of Article 840 of the Civil Code, which stipulates the causes for judicial divorce, you cannot request a judicial divorce.
2. Similar cases
<After her marriage, Ms. A (52 years old) left her two children and lived to take care of her parents-in-law and younger brother-in-law.
She filed for divorce from her husband, Mr. B (age 51), on the grounds that she no longer felt affection for her spouse.>
3. The court shall
‘The right to file a claim for divorce in court is recognized as an exception when there are special circumstances.
If the other party has a serious intention to maintain the marriage, the divorce petitioner can
It's just that she no longer feels affection for her partner, or that she needs to get divorced so she can be happy for the rest of her life.
It was ruled that it is difficult to order divorce at trial based on subjective feelings and will alone, such as the possibility of living together.
This is a procedure in accordance with Korean law. For foreigners, detailed procedures may vary.
Please chat or email for specific details.
Are there any legal issues involved?
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