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Divorce & Adultery
- Divorce by Agreement
- Divorce by Mediation
- Judicial Divorce
- Custody, Parental Authority
& Visitation - Division of Property
- Adultery Damages Claims
Judicial Divorce
Judicial divorce is a divorce granted by court judgment. It applies when a ground for divorce set out in the Civil Act exists and one spouse wishes to divorce but the other refuses,
so that the spouse seeking the divorce files a divorce action and the court decides.
Judicial Divorce: Procedure
Because judicial divorce is not subject to a statutory cooling-off period, if you have already reached a reasonable degree of agreement with your spouse on the terms of the divorce, the process can move faster than a divorce by agreement.
Filing of the complaint
Referral to the mediation committee
Scheduling of a preparatory hearing or trial hearing
Court inquiries and exchange of written briefs by both parties
Couples counseling or family investigation
Divorce by mediation settlement or judgment
Scheduling of a preparatory hearing or trial hearing
When Judicial Divorce Is Necessary
If divorce by agreement is not possible for any of the following reasons, you must seek a judicial divorce.
- One spouse objects to the divorce
- The spouses cannot agree on division of property, consolation money, child custody, child support, or similar matters
- The other spouse has committed an act of infidelity
- The other spouse has maliciously deserted you
- You have been severely mistreated by your spouse or your spouse's lineal ascendants
- Your lineal ascendants have been severely mistreated by your spouse
- It has been unknown for three years or more whether your spouse is alive or dead
- Any other serious ground exists that makes it difficult to continue the marriage
Pros and Cons of Judicial Divorce
As a rule, a judicial divorce must be sought against the spouse responsible for the breakdown of the marriage. A petition filed by the at-fault spouse is therefore generally not granted.
However, where it is objectively clear that neither spouse intends to continue the marriage and the other spouse is refusing the divorce merely out of spite or a desire for retaliation, the courts have granted the petition.
PROCESS
DAEON's signature
Hands-on Client Support
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01Request a Consultation
Our Managing Partner conducts the consultation personally,
gaining a precise understanding of the core of your case and where things stand. -
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Engagement & Initial Response
Once we are retained, a dedicated attorney is assigned
and work on the initial response and strategy begins immediately. -
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Evidence & Case Review
We closely examine the facts of your case and the evidence,
and systematically analyze the key issues. -
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Tailored Strategy
The attorneys on your case, including our Managing Partner, meet in person
to design a strategy tailored to your specific matter. -
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Precedent & Legal Analysis
Drawing on DAEON's winning cases, comparable precedents and Supreme Court doctrine,
we identify the most effective course of action. -
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Drafting & Reviewing Legal Documents
Even after legal documents are drafted, we keep communicating with you
to re-examine and refine their content. -
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Direct Representation at Investigations & Trial
From attending police questioning and detention-center visits to appearing at every hearing,
we stand with you in person throughout the entire case. -
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Results & Follow-up Support
We share the final outcome with you and provide practical assistance
through actual recovery and any follow-up enforcement.
