[Chatting] "I'll serve you as a major, not a husband"... "Captain" wife's "shock" divorce, why?

□ Broadcast date and time: November 29, 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. 

◈ Male: My wife and I are professional soldiers. The first time we met was at an officer's meeting. At that time, I was a so-called senior captain about to be promoted to a major, and my wife was a newly promoted lieutenant. It was my wife who rushed first. Later, my wife told me that she fell in love with my wide shoulders, which seemed to be able to hold anything, and my sharp jawline that seemed to cut off hardboard paper easily.
                            
- dating days

◈ M: Yeah! Lieutenant Kim, are you going now? It was nice meeting you today. It's too late. Go home safe.

◆ [Dating/Wife] Captain! If you're worried about me, please take me there. It's not far from here.

◈ M: Oh! Really? Then I'll take you there. I'll have to call a taxi.

◆ Yeo: We talked about this and that on our way home by taxi. But my wife said this out of the blue.
        
◆ Female: Captain! Can you look at my face?

◈ B: Why? What's in my eye?

◆ Don't you think I'm pretty? Buy me some coffee, please.

◈ Male: Actually, he was too young to be seen as a woman. It was late that night, so I bought him hot chocolate instead of coffee. And... The moment I saw the milk foam on my wife's lips, I completely forgot that Lieutenant Kim was a junior in the military, and we got married after a year.

◈ Man: In my marriage, I became a major and my wife became a captain. Due to the nature of soldiers who have to move around the area, my wife and I rarely lived in the same area together. When my children were young, my wife kept them with me at the residence, and I worked at another local residence on weekdays and went to see her and her children on weekends. Then it was one day. My wife came to my unit.


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◆ Y: Loyalty!

◈ M: Loyalty! What are you doing here?

◆ Yeo: I'm here to ask you a favor. You know, I have to lead the company. But it's so hard to see the kids. Would you mind looking at it?

◈ Man: The wife looked so desperate. So the children came to my area, and on weekdays, I raised them. On the weekend, my wife came and saw the children. It's been about two years like that. At some point, my wife didn't come home. Whenever my wife called me, I felt stuffy.

◈ M: What? You can't make it today?

◆ Yeo: Yes, we have a fraternity. I have to go this time.

◈ B: Last time, I couldn't come because of a family gathering. The kids are saying they miss their mom. Can't you come this time?

◆ Yeo: Do you know how hard it has been for me to raise a dog? I need time to heal.

◈ M: Yeah... Okay. I'll tell the kids. Have a good time to refresh yourself.

◆ But not too long ago... My wife suddenly said something strange.

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◆ Y: Loyalty! Major! I have a suggestion.

◈ M: Honey, what's wrong with you out of the blue?

◆ YA: Here... This is an application for consultation divorce.    I'd like to be a good comrade with the major. Please divorce me. I... I want to be free. I want to be free.

◈ B: I was so shocked that I said what I had to say. In the days that followed, I tried to persuade my wife and let her get angry, but she seems to have made up her mind to divorce. If I don't agree to divorce, he says he will file a lawsuit. What should I do?     Lawyer! Help me!

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

◈ M: Lawyer, my wife is filing for divorce. I didn't do anything wrong. Can my wife still claim a divorce?

◇ Cho In-seop: Yes. Anyone can actually file a divorce complaint. However, in order to be divorced as a result of the lawsuit, there must be a reason for divorce in court stipulated in Article 840 of the Civil Code. Therefore, the fact that I received the complaint does not mean that I did anything wrong at all, and you don't have to blame yourself or be upset just because you became the "defendant" of the divorce proceedings. Once again, filing a lawsuit or criminal complaint does not require special conditions and can be done at any time by anyone who wants to, but there must be a reason stipulated in the law and evidence to prove it must be submitted.

◈ M: Ah... Right. Actually, I have something on my mind. Due to the nature of my job, my couple has lived separately for about 10 years. My wife said that our relationship had already ended because of that. They say that the only thing they come to see at the weekend was an "interview negotiation," but would your wife's argument be accepted?

◇ Jo In-seop: Due to the nature of your job, you seem to have been a weekend couple for a long time. My wife is claiming this fact as a "separate" and is seeking a divorce. However, in order to be able to be called a "separate" that can be considered that the marriage relationship has broken down, it must be done as if there is no substance that has lived as a married couple community. For example, they are completely separated economically, have no marital relationship at all, and have no interaction with families of both families. Otherwise, if you exchanged living expenses as a weekend couple, shared financial plans, interacted with your family, and had a marital relationship, you wouldn't be considered a "big deal" just because you were separated on weekdays. In addition, interview negotiations are the right of a non-custodial person to meet their children while they are divorced, and I think your wife's argument can be rejected if she proves that they have lived freely in and out of each other's homes as a weekend couple and that they have co-parented their children.

◈ M: Well... I have no intention of getting divorced. What should I do to get my divorce dismissed?

◇ Cho In-seop: As I mentioned earlier, you need to keep a good collection of evidence to prove that you have lived as a weekend couple and as an economic community and a living community. For example, there will be transaction details between couples, recorded phone calls, text messages, and statements from people around them. And most importantly, you should continue to try to persuade your wife and restore the relationship. Turning your wife's mind is the surest way to get rid of the divorce, and you'll be able to rule it out if the relationship is not broken and there's a chance of recovery.

◈ B: There's something I'm suddenly curious about. From what I heard, there are a lot of people getting married in graduation these days, but if my wife keeps asking me to divorce, I'm going to suggest that the kids get married in graduation when they go to college. Can I write a marriage contract through the court as well?

◇ Cho In-seop: Yes. I understand that marriage is the concept of living like a divorce while maintaining a marital relationship only legally. In other words, the couple has a duty to cooperate in supporting cohabitation and also to be faithful, and they will live freely out of this duty, but only legally remain as a couple. In the course of divorce proceedings, sometimes adjustments are made to have a similar meaning to 'divorce'. In other words, if one wants to divorce but the other does not, especially if the children want to remain legally married until they become adults or until they get married, they will separate for a certain period of time. In this case, it includes not interfering in each other's privacy during the separation period and not holding them legally responsible.

◈ M: Well... Then, if we get divorced, how will the military pension be divided?

◇ Jo In-seop: If you get divorced, in principle, you divide the military pension according to the Military Pension Act. Article 22 of the Military Pension Act stipulates that the amount of pension equivalent to the marriage period can be divided equally into installment pensions on the condition that the person who divorced the spouse and the person who was the spouse are eligible for the retirement pension. However, if both couples are pensioners, such as the sender, they can give up their right to receive split pensions and adjust their respective pensions.

◈ Man: Yes, I see. I'm thinking of persuading my wife again over the weekend. I hope it will be resolved well. Thank you, lawyer.

◇ Cho In-seop: Yes, I'll cheer for you. Cheer up! a counseling center for lawyer Cho In-seop We've met today's storyteller.