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Divorce Lawsuit Against a Spouse for Domestic Violence and Child Abuse - Full Victory Achieving 50 Million KRW Alimony and 50% Property Division

26-07-21 185

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1. Case Overview
During the marriage, the client (plaintiff) suffered from severe domestic violence, including continuous verbal and physical abuse by the spouse (defendant). The defendant also physically abused their children, resulting in police investigations, and subsequently committed a serious criminal offense leading to long-term imprisonment. Suffering from extreme mental shock and distress, the client sought out Law Firm Theo to terminate the marriage and secure the financial foundation needed to safely raise the children alone.
 

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2. Attorney Assistance
To ensure the client was fully compensated for the damages in the divorce lawsuit, Law Firm Theo strongly persuaded the court with the following strategies:
  • Overwhelming Proof of Fault and Claim for Maximum Alimony: We thoroughly presented objective evidence, including the circumstances of the defendant's domestic violence and child abuse, as well as the criminal judgment confirming long-term imprisonment. By proving the horrific mental suffering the client endured, we actively claimed an exceptionally high '50 million KRW in alimony,' which is rarely acknowledged in practice.
  • Defense of 50% Property Division and Securing Equity: We clearly identified the real estate registered under the defendant's name as of the closing date of arguments and included it in the property division. By proving the client's contribution to the formation and maintenance of joint marital property over the long marriage, we strongly advocated for a 50% property division ratio.
  • Perfect Strategy for Securing Parental Rights and Custody: Emphasizing the defendant's history of abuse and current long-term incarceration, we argued that the client must be designated as the sole person with parental rights and custody for the welfare of the children, and we claimed a high amount of child support.


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3. Result of Assistance
The court cited all of Law Firm Theo's arguments, delivering a complete victory on all items claimed by the client.
  • Victory of 50 Million KRW Alimony: Acknowledging that the responsibility for the breakdown of the marriage lay entirely with the defendant, we secured a ruling for 50 million KRW and delay damages, an exceptionally high amount in divorce litigation practice.
  • Victory of 50% Property Division: The court ordered the transfer of ownership of half (1/2) of the real estate registered under the defendant's name to the client.
  • Securing Parental Rights/Custody and 3.4 Million KRW Monthly Child Support: The client was designated as the person with parental rights and custody of the children, and we obtained a successful ruling ordering the defendant to pay 1.7 million KRW per child monthly (totaling 3.4 million KRW for two children) until they reach adulthood.

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