Hello, this is Attorney Seo Yuri, your reliable legal advocate. Today, I would like to introduce a case where a spouse who committed adultery (infidelity) brazenly filed for divorce, but the court strictly rejected it. βοΈ
1. Case Overview π
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Marriage Duration: Approximately 7 years
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Incident: The plaintiff (wife) had an inappropriate relationship (adultery) with a third party during the marriage and unilaterally left home, filing a lawsuit against her husband for divorce, 20 million won in alimony, and approximately 130 million won in property division.
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Special Circumstances: The defendant (husband) filed a lawsuit for damages against his wife's affair partner and won (settlement reached). Nevertheless, he strongly desired to protect his family for the sake of his children and hoped for reconciliation.
2. Court's Judgment (Cheongju District Court) ποΈ
The court rejected all of the plaintiff (wife)'s divorce claims for the following reasons:
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Primary Responsibility for Marital Breakdown: Even if the marital relationship has broken down, the cause lies with the plaintiff, who committed adultery and unilaterally left home.
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General Prohibition of Claims by At-Fault Spouses: Our courts generally do not allow divorce claims by spouses who are responsible for the breakdown of the marriage.
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Husband's Sincere Attitude: The defendant raised the children in place of his estranged wife, reflected on his shortcomings, and expressed his willingness to reconcile, stating that he would not hold his wife accountable.
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No Exceptional Circumstances: The period of separation or circumstances alone are not sufficient to be considered special circumstances that offset the fault.
3. Significance of the Judgment β¨
As the plaintiff's divorce claim was dismissed, the claims for alimony, property division, and designation of parental rights and custody, which were based on the premise of divorce, were also terminated as without merit. The plaintiff was also ordered to bear all litigation costs.
π Husband's Sincere Attitude as Seen in the Judgment (Detailed Analysis)
In this case, the decisive reason why the court rejected the divorce claim of the at-fault spouse (wife) was the defendant (husband)'s genuine will and effort to maintain the marriage. A detailed examination of the husband's attitude as stated in the judgment is as follows:
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Mature Attitude of Reflecting on One's Shortcomings π§ The husband stated that while raising the children alone after the separation, he came to deeply understand the hardships and difficulties his wife must have felt while taking on the responsibilities of housework and childcare. He actively worked towards reconciliation, not simply blaming the other party, but seriously considering his communication style and even receiving personal counseling.
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Extraordinary Forgiveness for Wife's Infidelity β€οΈβπ©Ή Although the husband filed a lawsuit for damages against his wife's affair partner and won (settlement reached), he consistently maintained the position that he would not hold his wife accountable. The court determined that the husband's attitude was not merely a formal response to avoid divorce, but a genuine desire to restore the family.
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Active Participation in Mediation and Counseling Processes π€ The husband was very sincere and actively involved in the couple's counseling sessions according to the court's mediation measures. This attitude had a positive effect on reducing the wife's negative feelings and convinced the court that "the defendant sincerely wants the marital relationship to continue."
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Dedicated Responsibility for Child Rearing π¨βπ§βπ¦ After the wife unilaterally left home, the husband diligently raised the young children on his own. The court saw the husband's dedication as consistent with the welfare of the children and as an important reason why the divorce claim of the at-fault spouse (wife) could not be accepted.
π‘ Attorney Seo Yuri's Assistance Points
The key to this case was to logically prove that there were no 'exceptional circumstances' that would allow the divorce claim of the at-fault spouse. In particular, the key to winning was reflecting the husband's sincere love for his children and family, not spite or vindictiveness, throughout the judgment. ποΈ
Is your family in danger due to your spouse's fault, but you want to protect your family to the end? A legal expert will be with you to ensure that your sincerity is fully conveyed to the court. π€