Divorce Petition by the At-Fault Spouse

Case Overview

Our client (the plaintiff) was legally married, with three adult children, but after a long period of conflict the marriage had broken down and our client filed for divorce. However, as the 'at-fault spouse' bearing primary responsibility for the breakdown, our client was in a highly unfavorable position where, under the general stance of Korean courts, the divorce petition was very likely to be dismissed. With a fierce legal battle expected against a spouse who refused the divorce, our client entrusted the case to DAEON Law Firm with earnest hope.

Our Strategy

Immediately upon taking the case, Managing Attorney Shin Dong-woo analyzed the couple's entire married life in detail and aggressively pursued the point that, even though our client was the at-fault spouse, the legal requirements under which a divorce petition may exceptionally be granted were met. He meticulously demonstrated to the Seoul Family Court that the couple's affection and trust had already been completely lost, that the marriage had in substance ended, and that forcing its continuation would only cause greater suffering to both sides. As a result, the court recognized the exception to the fault-based doctrine, and DAEON secured the valuable winning judgment that 'the plaintiff and the defendant are divorced.'

Result · Full Win

Divorce Petition by the At-Fault Spouse

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.