The client, the plaintiff, and the defendant were legally married and had two adult children. They had experienced conflict for a long period due to multiple causes, including personality differences, financial problems, and deterioration of the marital relationship, and eventually began living separately in October 2015. After the separation, the defendant raised the children alone and filed a counterclaim seeking divorce and damages, alleging violence, nonpayment of living expenses, and child abuse by the client.
The attorneys at Law Firm Taelim established and executed optimal offensive and defensive strategies for the client. Taelim emphasized the long-term separation between the parties and the absence of concrete efforts to restore the relationship. By carefully analyzing the content and degree of the conflict and relying on the fact that both parties wanted a divorce, Taelim strongly argued that the marital relationship had already broken down beyond recovery and effectively established the grounds for judicial divorce. Taelim also legally pointed out the lack of evidence supporting the defendant's allegations of fault, including violence, nonpayment of living expenses, and child abuse. By logically proving that responsibility for the marital breakdown did not lie solely with one party but was shared by both spouses, Taelim successfully argued that the defendant's counterclaim for damages lacked a valid basis.
The court accepted Law Firm Taelim's arguments. It granted the divorce claim between the client and the defendant, and dismissed the defendant's counterclaim for damages as groundless. The remaining issues of property division and past child support were resolved through mediation in a direction acceptable to both parties. As a result, the client obtained divorce while being fully released from the opposing party's damages claim, achieving a partial victory.
This case is significant because it reaffirmed that when a marital relationship has effectively ended through long-term separation, this can sufficiently constitute grounds for judicial divorce. It is also a successful case in which Taelim minimized the client's financial and psychological burden by thoroughly analyzing evidence and logically proving that the responsibility for breakdown was shared, thereby defeating the opposing party's unfounded damages counterclaim based on serious allegations such as violence and abuse.
** If you are facing a situation similar to the above case, please contact Law Firm Taelim at any time for assistance.
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