| Nationality |
China |
| Case Overview |
A Chinese couple, after years of living separately between Korea and China, faced a divorce lawsuit filed by the wife in Korea, who had applied for naturalization. |
| Special Circumstances |
The wife initiated the divorce lawsuit, but through a countersuit, the client sought child support and alimony. |
| Case Handler |
Lead Attorney Yongjun Kim |
| Outcome |
Victory in the countersuit, with the client designated as the legal guardian and custodian, receiving child support and alimony. |
1. Client Situation and Facts
The client, a Chinese national, married a Chinese woman and lived separately for over eight years. Suddenly, he received a divorce lawsuit from his spouse and sought our counsel. The client was engaged in economic activities between Korea and China, while his spouse, having applied for Korean nationality, filed for divorce in Korea.
The lawsuit claimed the client was at fault for the divorce. Although the client agreed to the divorce, he had been raising their child alone during the separation, complicating matters of child support and property division. The client also questioned whether it was appropriate to handle the divorce case in Korea since both parties were Chinese nationals.
Given the circumstances, Ma-Jung decided to proceed with a countersuit, seeking past and future child support as well as alimony.
2. Case Issues and Resolution Process
1) Application for Retrial and Fact Verification
At the time of the retainer, the court had already issued a settlement recommendation accepting the spouse’s divorce claim. Ma-Jung first filed an objection to reopen the case.
We investigated the facts from before the marriage to the present, requesting evidence of the client’s past child support payments. Based on this, we prepared a countersuit seeking child support and alimony.
2) Filing the Countersuit
Contrary to the spouse's claims, the client argued that the spouse had unilaterally cut off contact and initiated the divorce only now, with no mention of the child in the lawsuit. The client had been solely responsible for raising the minor child. We argued that despite being legally married, the spouse failed to fulfill their obligations.
We presented evidence of the client's consistent payment of living expenses and child support while commuting between Korea and China, proving that the client supported the child's stable education and upbringing.
Therefore, we asserted that the spouse was at fault for the divorce and requested that the client be designated as the guardian and custodian, also seeking child support and alimony from the spouse.
3) Jurisdiction Justification
The court requested that the child enter Korea to proceed with the child custody part of the lawsuit under Korean jurisdiction. Ma-Jung handled all necessary immigration matters, including the child's visa application, enabling the smooth progress of the lawsuit in Korea.
3. Case Outcome and Client Benefit
The court accepted Ma-Jung’s arguments and ruled in favor of the client’s countersuit. The client was designated as the legal guardian and custodian, and
the court ordered the spouse to pay past and future child support as well as alimony.
4. Significance of the Judgment (Explanation of the Disposition)
Divorce cases involve complex issues of fault and property division. Systematic preparation from evidence collection to court proceedings is crucial. Foreign nationals residing in Korea may face procedural difficulties, including proving identity and jurisdiction. The Ma-Jung Foreign Client Center provides comprehensive support, including interpretation and handling necessary administrative procedures related to visa applications and residency during litigation.
