[Chatting] "Divorce? There is no division of wealth."

□ Broadcast date and time: November 8, 2024 (Fri)
□ Host: Attorney Jo In-seop

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.

◇ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): When you look at a person's life, life is a drama. I don't know how many characters are in the drama and what will happen, but the ending will be a happy ending. <Attorney Cho In-seop's Counseling Office> Today is Real Theater Day, where your story is turned into a drama.

◆ Woman (main character/housewife in her 40s): My husband and I are the same age. The first time we met... 20 years ago... It was when I was a college student. I had a part-time job at a cafe near my school, and my husband was a young owner of that cafe. After going through various things with my husband, I quickly became close to him and like that... The boss became my boyfriend. We had a burning relationship. And I had a baby before I even graduated from college... We got married in a hurry as if we were roasting beans in a lightning bolt. My husband wanted to raise his child in a picturesque house with a garden. So we closed our store in Seoul and moved to a small local city and opened a restaurant. Fortunately, the business went well. Over time, we made two younger brothers to our oldest son and I became a mother of three. But the bean stick came off, so I got a reality check. I'm doomed. I thought I got married wrong. My husband still seemed to think he was the boss and I was a part-timer. As time goes by... I didn't want to see my husband. So I got into fights often and even had physical fights. I didn't want to be seen fighting in front of the kids. I found a monthly rent house in the city under the excuse of my children's education and brought them with me. My husband stayed in a small town, kept restaurants, and sent me monthly rent. My husband came to my place about once a month, but there were several times when he didn't. But even though I have one, it was better because I didn't have to nag. Ten years have passed like that. I recently found out that my husband has another woman. They say we're not in a deep relationship, but... I don't know. Anyway, I feel like I need to clean up with my husband, but my oldest son is about to become a senior in high school, so I can't get out of town. And I'm not working. After I get divorced, I am wondering what to do with my children's education and living expenses. In addition, when I asked my husband to divorce me, he came out confidently saying that if they were separated, there was nothing to divide their property. And he threatened not to pay child support. My husband just cut it off and said this, so my firstborn is against our divorce. What will happen to me?

◇ Jo In-seop: < Attorney Cho In-seop's Counseling Office> Let's talk with the main character of today's story.

◆ [Female] Attorney... My husband and I have been married at the end of the month for nearly six years. My husband says we can't split our property because we're separated, is that true?

◇ Cho In-seop: You seem to be worried about the split of your property because you chose a couple at the end of the month instead of separating because your relationship was not good, but legally, you two are not separated, but you have a separate residence while continuing to live together as a couple. In particular, it seems that you have been in charge of raising three children, and even if you went back and forth once a month, you continued to live as a couple, and you spent your living and education expenses together, so it seems possible to divide your property.

◆ YA: Ah, you can divide the property? Wow, but my husband doesn't want to get divorced. I've lived apart for a long time, so I don't have the degree of a couple anymore. Wouldn't this be a reason for divorce?

◇ Cho In-seop: My husband says he doesn't want a divorce, so it will be a question of whether there is a reason for divorce. Although the two have spent a considerable amount of time separating from each other in urban and rural areas, it is difficult to recognize the reasons for divorce under Article 840 No. 6 of the Civil Code based on the fact that their marriage was punished by the prolonged separation of their lives as a couple at the end of the month.

◆ YA: Ah, it's not a reason for divorce... Oh! I felt like my husband had another woman. That's a reason for divorce, right?

◇ Cho In-seop: We need to see how much the husband and the woman have a relationship. If it is possible to prove that there was a wide concept of cheating that undermines marital integrity and destroys trust, that is, adultery, the reason for divorce is recognized and divorce can be filed regardless of the husband's intention to divorce.

◆ YA: Ah... Really? So you need proof that he's seeing another woman? There's no way he'd leave anything like that... Ha... Lawyer, if I can't find the evidence, what should I do?

◇ Cho In-seop: If your husband is not liable, if he does not agree to divorce, it is possible that the divorce request will not be accepted when he files for divorce. In that case, you should consult your husband and divorce by mediation or consultation.

◆ But... My husband can't easily divorce me. Custody rights... I'm going to turn my stomach upside down. Lawyer, can't I divorce you by bringing custody?

◇ Cho In-seop: I think it would be practically difficult for him to raise his children because he is currently in a private business in the countryside and the children are with you. In the case of trial divorce, the designation of joint parental rights and joint custody rights is avoided, but it is possible if there is a definite agreement between the parties. In the case of you, you will actually raise the child, so why don't you and your husband designate a co-parent and proceed with the divorce agreement with you?

◆ [Female] Yes, they're going to be seen by me. But it's not a simple matter to think about. My husband told me that if I didn't give him custody, he wouldn't pay for the children's education. There's a lot of money going into my eldest child right now. Second and third are left in a row... What if their dad doesn't give them child support?

◇ Cho In-seop: If the first is a test-taker, I think he is about 18 years old, but he is less than a year away from coming of age. The standard child support is based on two children in urban areas, so if the child support is calculated according to the standard child support, the child support per child will need to be reduced to some extent. It is expected to be a reason for the increase as the first child will receive child support only for his two children after he reaches adulthood, but it is difficult to proceed with another trial within a year of divorce, and there is no guarantee that changes in circumstances will be recognized, so it is better to agree on increasing child support in the future when you proceed with the divorce agreement.

◆ Why is divorce so difficult when marriage is so easy? Anyway…... Lawyer, I'll think about it more.

◇ Cho In-seop: Yes, please come back when you decide. a counseling center for lawyer Cho In-seop We've met today's storyteller.