Understanding Divorce Common Sense Correctly

There are many clients in the 5060s.
Custody, attachment relationship, and ability to support are taken into consideration.
“We must select what cannot be compromised”
 

Perceptions of divorce are changing. Unlike in the past when divorce was considered a taboo, an atmosphere has now been created where it is respected as an individual's free choice. How do legal professionals feel these changes? We asked Cho Kyeong-hee, an attorney who graduated from the Department of Sociology at Korea University and has been working as a family law lawyer for seven years, about the recent divorce patterns and litigation process.

- Typical reasons for divorce

“The reasons for divorce are largely divided into two. One is ‘personality differences,’ and the other is ‘the spouse’s fault.’ Grounds for fault include assault, verbal abuse, and cheating. Cheating, to put it simply, is infidelity. Among these, a spouse’s cheating most often leads to divorce lawsuits.”

- Divorces at dusk are on the rise.

“The reasons for divorce are different and complex for each couple, so it is difficult to pinpoint one. In many cases, several problems accumulate over a long period of time and the relationship between the couple deteriorates greatly.

However, I believe that the recent increase in divorces at dusk is because social perceptions of divorce have changed compared to the past. In the past, divorced female spouses were stigmatized as ‘divorced people.’ There were many cases where it was difficult to live alone.

However, now there is a social consensus that it is not strange for a woman to be divorced or to lead a life alone. The number of men filing for divorce has also increased. At the same time, I think an atmosphere has emerged where older people can more easily decide on divorce. In fact, many of our clients are in their 50s or 60s.”

- Does the divorce process vary by age?

"I don't think age itself is a variable in the litigation process. Instead, the nature of litigation varies greatly depending on whether the couple planning to divorce has minor children or not. If there are minor children, custody battles often prolong.

Because of the costs of raising children, custody has a significant impact on division of property. The main purpose of property division is to determine and liquidate who contributed to the formation and maintenance of the couple's property. However, according to Article 839-2 of the Civil Act, not only ‘liquidation factors’ but also ‘support factors’ are considered when dividing property. The childcare responsibility that will be borne in the future is one of the ‘support factors’ considered in property division. That’s why it’s such an important issue who will raise children in the future.”
 

- The process of designating parental rights and custody is

"In the past, because of the atmosphere that a child should be raised by the mother, most cases in divorce proceedings gave custody to the mother. However, recently, by comprehensively judging various factors, the court decides who is appropriate as a caregiver and *parental authority. The number of cases where fathers are designated as parental authority is increasing.

The court first considers the attachment relationship between parent and child. Even if the spouse is at fault, he or she can be designated as a custodian if the relationship with the child is close and it is determined that it will not cause harm to the child in the future. In order to determine the attachment relationship with a child, the court evaluates the parents’ ‘main parenting period’ and ‘role played in parenting during the marriage.’ If necessary for the trial, temporary interview negotiations may be held in the **interview negotiation room within the court. The judge is supposed to consider the contents of the interview negotiations in his decision.

The parents' ability to provide care is also assessed. This is to determine the parents' financial capabilities and whether they have the ability to live alone with their children. The ability to create a hygienic environment for a child is not unrelated to the ability to support a child.

Lastly, your child's doctor is important. “If the child is over 13 years of age, the child’s will must be taken into consideration during the designation of parental rights and custody.”

- Things to keep in mind when deciding to file for divorce

"Divorce litigation usually takes about a year to a year and a half for one instance. And during the litigation, you have to bear a considerable amount of cost to hire a lawyer. Of course, if you receive alimony through litigation, you can cover the costs and receive official confirmation of the other party's fault. It is a way to heal the wound.

However, there is a lot of stress that you feel when you proceed with a full-fledged lawsuit, so if you do not want to go through this emotional pain, you may want to consider alternatives such as divorce by agreement or mediation. Divorce by agreement is a form in which the parties only negotiate without the assistance of a representative, and divorce by mediation is a compromise between divorce by agreement and divorce by litigation.

There are clients who want financial compensation for the hardships they have suffered, and there are also clients who are trying to secure custody somehow. If you decide to divorce, you need to decide what is most important to you and what you can and cannot compromise. If you give up custody with the idea of ​​bringing the child back later because the litigation process is painful, you may regret it greatly after your relationship with the child becomes distant. “I hope you set your goals in a way that protects the things that are most precious to you and cannot be sacrificed to the other party.”
 

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