📋 Case Overview
The plaintiff (client) and the defendant (opposing party) were a legally married couple of 7 years with two young children. The family, which should have been happy, collapsed due to the defendant's affair with a hostess at an adult entertainment establishment. The defendant denied the affair and shamelessly attempted to frame the plaintiff for infidelity, and also had a history of excessive drinking and violence.
🛡️ Attorney's Assistance and Litigation Strategy
-
Proof of Infidelity: Clearly presented evidence of the defendant entering motels and visiting the mistress's residence, proving that the defendant was primarily responsible for the breakdown of the marriage.
-
Blocking Counterattacks: Systematically refuted the defendant's counterclaim and allegations of abandonment, leading to their dismissal.
-
Protecting Division of Property: Traced suspicions of the defendant's hidden assets and argued for the plaintiff's active contribution to household affairs and economic activities, securing a fair 5:5 division ratio.
-
Prioritizing Children's Welfare: Pointed out the defendant's violent tendencies and emotional harm factors such as tattoos, striving to have the plaintiff designated as the sole custodian and caregiver.
💰 Key Points for Winning Property Division
1. Freezing and Tracing Assets at the Time of Breakdown
Assets were determined based on the date of separation, when the marital relationship had effectively broken down, preventing the defendant from hiding or spending assets that could occur afterward. This allowed the plaintiff to determine a fair division target without being constrained by changes after leaving the house.
2. Suspicion of Defendant's Hidden Assets and Precise Analysis of Claims
-
Recognition of the Substance of Borrowed Debt: The debt that the plaintiff borrowed from her older brother and used for stock investments was clearly recognized as a negative asset (debt), protecting the plaintiff's net assets.
-
Inclusion of Claims Against the Defendant's Father: The money the defendant lent to his father was included as the defendant's positive asset, increasing the pie to be divided.
-
Defense Against Unclear Transfer History: Successfully defended against the defendant's claim of the plaintiff's 'hidden assets' due to lack of evidence.
3. Securing 50% Contribution (Full-Time Housewife and Concurrent Economic Activities)
By comprehensively proving the contribution to the marriage period, child-rearing situation, and asset formation process, the division ratio between the plaintiff and the defendant was secured equally at 5:5. In particular, the defendant's infidelity and unrestrained lifestyle (drinking, violence, etc.) indirectly suggested that it had a negative impact on maintaining assets, solidifying the plaintiff's contribution.
"Property division is not just about dividing, but about finding hidden assets and legally proving my contribution."
Are you suspicious of your spouse's hidden assets or having difficulty getting your contribution recognized? I will personally help you ensure that not a single won of your share is missed.