Is it possible to file for divorce litigation only if there are grounds for divorce between spouses?

Hello. This is an attorney specializing in divorce at Daeryun Law LLC.

Under the Civil Act, there are six legally recognized grounds for divorce between spouses.

However, whether a ground applies is judged comprehensively based on the degree of the conduct, its duration, its repetitiveness, the degree of breakdown, and the possibility of recovery.

The judicial grounds for divorce between spouses recognized under the Civil Act are as follows.

1. A spouse's act of infidelity

This may be recognized where a spouse has committed an act of infidelity (such as an affair, adultery, or a continuous inappropriate intimate relationship) with a person of the opposite sex outside the marriage.

This refers to cases where a violation of the duty of marital fidelity is clearly confirmed, rather than a one-off expression of affection.

2. Malicious desertion by a spouse

This refers to cases of refusing or neglecting the duties of cohabitation, support, and cooperation without justifiable reason, and means a state of intentional severance and evasion of responsibility.

3. Grossly unfair treatment by a spouse or the spouse's lineal ascendants

This applies where serious assault, habitual insults, or emotional abuse can be recognized not only from the spouse themselves but also from the husband's or wife's family.

4. Where one's own lineal ascendants have received grossly unfair treatment from the spouse

This is where lineal ascendants such as parents or grandparents have continuously received unfair treatment such as abuse, assault, or insults from the spouse, and it can be a ground for divorce between spouses even if the person themselves is not the direct victim.

5. A spouse's unknown whereabouts, alive or dead, for three years or more

If a spouse's survival cannot be confirmed for three years or more, marital life is effectively impossible, so a divorce claim is possible.

6. Other serious grounds that make it difficult to continue the marriage

This is recognized where the essential functions of marriage (such as trust, cooperation, and emotional bonds) have broken down irreparably, and it may include personality differences, habitual conflict, problems of violence or addiction, serious neglect or contempt, long-term separation, and emotional abuse.

Therefore, in the case you asked about, if the spouse has severed the relationship with the family for more than three years and has continued an attitude of not respecting his mother-in-law, there is a possibility that it falls under ground No. 4.

In this case, it is important to secure materials such as conversation records, counseling history, statements from those around you, the course of long-term conflict, and evidence of emotional distress .

If agreement with your spouse is possible, it is good to conclude the divorce procedure through divorce by agreement or divorce by mediation; however, in a situation like yours where the spouse refuses the divorce, you should consider a judicial divorce.

In addition, if you need guidance on how to secure evidence, on an argument structure favorable when conducting divorce litigation, and on the possibility of consolation money and division of marital property, please request a consultation with our firm.

Our firm's attorneys specializing in divorce will accompany you through all derivative legal procedures, including not only filing the divorce lawsuit but also claims for consolation money, division of marital property, and child support.

Daeryun, the ninth-ranked law firm in Korea (based on 2025 value-added tax filings with the National Tax Service), is a legal partner that provides one-team legal services led by highly experienced specialized attorneys.