The client who is in prison for criminal charge no longer thought he could keep his marriage with his wife. At the end, the client decided to file a divorce and came to Law-Win for lawyer assistance. After receiving a letter from the client, lawyers visited him in jail to discuss about divorce by agreement. Then, lawyers arranged few meetings with the client’s spouse to talk about it in detail. It was important to make divorce agreement between the married couple. Therefore, during the meetings, lawyers have briefly discussed and prepared the divorce conditions for mediation day.

At the beginning of the case, the client and the spouse had different opinions about divorce. However, both parties were able to apply for divorce mediation through legal consultation and at the first mediation date, they were able to finalize divorce quickly with their consents.

As the client’s desire, he was able to get divorce with his wife and the court appointed his spouse to be a custodian and gave a parental right for her children. Likewise, the division of properties between the couple was settled properly by agreement.

 Article 840 of Civil Act of Korea (causes for judicial Divorce)

 

Either husband or wife may apply to the family Court for divorce in each case of the following subparagraphs:

 

1. If the other spouse has committed an act of unchastity;

2. If one spouse has been maliciouslydeserted by the other spouse;

3. If one spouse has been extreamely maltreatedby the other spouse or his or her lineal ascendants;

4. If one spouse's lineal ascendant has been extreamely maltreated by the other spouse;

5. If the death or life of the other spouse has been unknown for more than three years;

6. If there exists any other serious cause for making it difficult to continue the marriage

Attorney Park, Eun-gook, and Jeon, Sung-bae