If your spouse wants a divorce but you don't, how do you respond?
This case ofis an example of a couple who have been married for about 20 years and have filed for divorce due to economic conflict. Sunhan Law Firm's attorney, Mijin Ko, actively argued for the possibility of recovery of the marriage relationship and the problems of the other party's claims, leading to the dismissal of the divorce claim.
I was sued for divorce due to economic conflict.
Plaintiffs and Defendants are married couples with one child for approximately 20 years.
However, the Plaintiff's failure to start the business after his retirement resulted in a substantial debt, which resulted in a conflict between the couple.
Plaintiffintended to sell the joint apartment where he currently resides to pay his debts and use it for investment.
, whereas Defendant opposed the sale of the apartment, and the conflict over the matter deepened.
Eventually, the plaintiff unilaterally left the house and began a separation, after which he filed a lawsuit against the defendant for divorce and property division.
How should a spouse respond if they do not want a divorce?
A divorce action filed by a spouse does not necessarily result in a divorce.
Divorce Litigation examines the causes of conflict between a couple, the course of their marriage, and the likelihood of a marriage relationship being restored.
In this case, the defendant did not want to divorce the plaintiff and wanted to protect his family in difficult economic circumstances.
Accordingly, Sunhan Law Firm's attorney, Mijin Ko, responded to the case with at its core that the marriage of was not irreparably ruined.
Particularly noted that the conflict between the couple stemmed from a disagreement over how to pay off the debt.
The two have been married for about 20 years and had a relatively calm family life before the conflict arose.
also found the defendants willing to work together to overcome current economic difficulties and help the plaintiff recover.
Gomijin argued aggressively for that based on these circumstances, it is unlikely that the current conflict of alone has made the marriage irreparable.
What was the response to the dismissal of the
divorce claim?
Defendant sought to restore its relationship with Plaintiff and maintain its family beyond simply not wanting a divorce.
Attorney Komijin therefore requested a domestic investigation and marital counseling process to ensure that the defendant's sincerity would be communicated to the plaintiff and that there would be an opportunity to restore the relationship.
This is an opportunity for the couple to understand each other's positions and restore their relationship.
also emphasized Defendants' desire to assist Plaintiffs in their recovery and safeguard their homes.
The defendant's willingness to maintain the marriage relationship and the actual course of the marriage should be examined together argues for and states that it is necessary to dismiss the divorce claim.
How did the other party refute its responsibility for destroying the marriage?
Plaintiffargued that the marriage relationship was ruined by Defendant's fault during the marriage, including Defendant's disregard for himself and insulting him in front of his children.
Attorney Komijin therefore refuted Plaintiff's allegations, making it clear that Defendant had not blamed or insulted Plaintiff's incompetence.
We have responded to the plaintiff's claims regarding the cause of the breakdown of the marriage relationship and its responsibilities.
As a result of the
divorce proceedings, the divorce claim was dismissed.
Attorney Ko Mijin argued aggressively that the marriage relationship was not irreparably ruined and that the defendant's willingness to keep the family home.
, Plaintiff 's divorce claim was dismissed and Defendant was able to defend a valuable family.
If you don't want a divorce, it's important to respond accordingly.
If you have been sued for divorce by your spouse and you do not wish to be divorced, it is important that you respond by legally summarizing your position and reasons for maintaining the marriage relationship.
Indivorce proceedings, specific circumstances should be examined, such as the cause of the conflict between the couple, the course of the marriage, and the likelihood that the marriage relationship will be restored.
Particularly if economic problems or temporary conflicts have separated the couple, it is necessary to carefully examine whether the marital relationship has actually become irreversible.
If you're struggling with yourspouse's divorce claim, we encourage you to carefully review your options.
Attorney Mijin Ko ofSunhan Law Firm will fully consider the client's situation and position and consider the appropriate response direction for the case.
※ This article is based on actual events and has changed some facts and expressions to protect the privacy of and clients. . The outcome of a specific case may vary depending on the individual facts and evidence relationships .