Introduction
Divorce is a significant legal process that can be emotionally and financially taxing. In Korea, the grounds for filing a judicial divorce are clearly defined under Article 840 of the Civil Act. This article provides a comprehensive overview of the situations in which either spouse may apply to the family court for a divorce.
Grounds for Divorce
According to Article 840 of the Civil Act, there are six specific grounds under which a spouse may seek a divorce:
1. Act of Unchastity: If one spouse has committed an act of unchastity, the other spouse has the right to file for divorce. Unchastity refers to engaging in extramarital affairs or other forms of sexual misconduct.
2. Malicious Desertion: If one spouse has been maliciously deserted by the other, this too is a legitimate reason for seeking a divorce. Malicious desertion involves leaving the spouse without any justifiable reason, thereby abandoning the marital responsibilities.
3. Extreme Maltreatment: If one spouse has been subjected to extreme maltreatment by the other spouse or the other spouse's lineal ascendants, a divorce may be filed. This includes physical, emotional, or psychological abuse.
4. Maltreatment of Lineal Ascendants: If one spouse's lineal ascendant has been extremely maltreated by the other spouse, this is also grounds for divorce. Lineal ascendants refer to parents and grandparents.
5. Unknown Whereabouts: If the death or life of the other spouse has been unknown for three years, the family court may grant a divorce. This situation typically arises when one spouse has gone missing for an extended period.
6. Serious Cause: Any other serious cause making it difficult to continue the marriage can be grounds for divorce. This is a broader category that encompasses various situations that are not explicitly covered by the previous points but nonetheless render the marriage untenable.
Application Process
Once any of the aforementioned grounds are established, either spouse may apply to the family court for a divorce. The application process involves submitting the necessary documents and evidence supporting the claim. The court will then review the case to determine if the grounds for divorce are valid.
Conclusion
Understanding the specific grounds for divorce as outlined in Article 840 of the Civil Act is crucial for anyone considering this legal step in Korea. By knowing the legitimate reasons for filing a divorce, individuals can better navigate the often complex and emotional process. It is advisable to seek legal counsel to ensure that the application is handled correctly and efficiently. For those in need of legal assistance, professional help is readily available at Virtual Lawyer Korea.
