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Litigation Practice Area Field of work

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  • Litigation Practice Area
  • Family law litigation

Family law litigation

Divorce suit
core strategy

“I want a divorce as soon as possible.”

이This is the most common question asked when requesting divorce proceedings.
From the client's perspective, Hyeam provides guidance on the best procedures for the divorce method desired by the client.

We help our clients end the painful divorce process as quickly as possible and make a fresh start.

divorce suit
point of contention

division of property

When a divorce is established, the marital property is divided according to contribution.
In most cases, each spouse has conflicting opinions as they negotiate what items should be included in marital property and how much they should contribute.

If you consult with a lawyer when dividing property, you can include a variety of items in the marital property beyond what the client thinks, and you can carefully organize the contribution and property division ratio.

Child custody lawsuit

‘Parental rights’ refer to the right to decide matters related to the child’s status and property, while ‘custodial rights’ refer to the right to raise and educate minor children under the protection of their parents.

Custody and parental rights must be designated together in a divorce lawsuit.
However, if circumstances change after divorce, the parental custody arrangements established at the time of divorce may be judged unreasonable.
In this case, you can try to change parental custody through a lawsuit.

solatium

When a couple divorces and the marriage breaks down due to one party's fault, the spouse who is at fault is called the 'faulty party.'

For example, the person who committed the affair becomes the ‘spouse at fault’ and must pay a certain amount of alimony to the other party.
At this time, there is an amount that is categorized and sentenced differently from the amount that the client thinks. This means that you may be sentenced to more than you think.

In addition, claiming the appropriate amount of alimony affects property division and parental custody arrangements, so you should carefully file a claim with a lawyer.

adulterer litigation

The most common reason for the breakdown of a marriage is ‘cheating on the part of one of the couple.’ A person who cheats with a ‘culpable spouse’ is called an ‘adulterer.’

A lawsuit for damages can be filed against the adulterer, and in some cases, both the at-fault spouse and the adulterer may be sued for damages at the same time.

Hyeam is proceeding with commercial incest litigation in accordance with the client's goals.
A divorce lawyer registered with the Korean Bar Association will move to speed up the daily life of our clients.

Types of divorce

01. Divorce by agreement

If the couple mutually agrees to divorce, they can proceed with a divorce by agreement.
The matters that the couple must agree upon during divorce by agreement are as follows, and if agreement is not reached, the court will decide upon the request of the parties. (Refer to Article 839-2 of the Civil Act)

02. Divorce at trial

When divorce by agreement is not possible, one of the couple files a divorce suit in court and receives a ruling.
In order for a divorce to be established at trial, one of the following reasons must be met.

Grounds for judicial divorce (Article 840 of the Civil Act)

  • When a spouse commits unfaithfulness
  • When a spouse abandons the other party with malicious intent
  • When you have been treated extremely unfairly by your spouse or his/her immediate ascendant
  • When your immediate ascendant has been treated extremely unfairly by your spouse
  • When the life or death of a spouse is unclear for more than 3 years
  • When there are other serious reasons that make it difficult to continue the marriage

“Why Law Firm Hyeam pays attention to the mediation stage”

If a client proceeds with a judicial divorce through a lawsuit, he or she must go through the 'mediation' stage.
Unlike litigation, mediation is a system in which divorce is resolved through mutual compromise and concessions by fully listening to the opinions of the mediation parties in a free atmosphere.

Hyeam does her best to help clients who want a ‘quick divorce’ achieve a divorce during the pre-litigation mediation stage.

Why so?

Even if you first decide on a divorce by agreement, if the details of property division, parental rights, etc. are unclear, both parties must attend twice after a deliberation period of about 2 to 3 months. Failure to follow this will render the divorce process useless.

If mediation is not possible, divorce will proceed through a court ruling.
In this case, the first trial alone takes nearly a year, so many people suffer psychologically during the trial.

However, if you proceed with a divorce through 'mediation', the mediation date is set at once, so in most cases, the divorce case can be completed within 5 months.

Adjustment Step Procedure