[Divorce] Defending Alimony and Property Division, Securing Child Custody! ⚖️

Hello, as the defendant's (counterclaim plaintiff) representative, I am pleased to introduce a successful case in which we protected our client's valuable assets and custody rights. 😊

1. Case Overview 📝

Our client (defendant) married in 2012 and had two children, but began living separately in 2021 due to economic conflicts and lack of communication caused by a weekend couple lifestyle. The plaintiff raised issues with the defendant's spending habits and claimed ₩30 million in alimony and approximately ₩275 million in property division. In response, we filed a counterclaim and took active measures.

2. Attorney's Assistance: Property Division Defense Strategy 🔍

We focused on refuting the plaintiff's unreasonable claims and protecting the defendant's net assets in the property division.

• Rejection of Unjust Debt Claim: The ₩50 million loan to the plaintiff's mother, claimed by the plaintiff, was excluded from the division due to lack of evidence.

• Exclusion of Defendant's Bank Accounts: We successfully defended by proving that accounts under the defendant's name (worth approximately ₩26 million), which were substantially used by the defendant's mother or used for gatherings with acquaintances, were not joint marital property.

• Response to Retirement Pay Calculation Method: The plaintiff claimed the entire retirement pay as a subject of division, but we emphasized that funds formed outside the marriage period were included, inducing reflection in the contribution calculation.

• Settlement of Insurance and Refunds: We meticulously demonstrated that insurance under a third party's name or indemnity insurance money generated after the breakdown of the marriage was excluded from the division.

3. Key Contents of the Judgment 🏆

The court largely accepted our logical refutations and rendered a judgment favorable to our client.

• Alimony Rejected for Both Parties: The plaintiff's claim for alimony was rejected because the responsibility for the breakdown of the marriage was deemed to be equal and not attributable to either party.

• Significant Reduction in Property Division Amount: The plaintiff demanded approximately ₩275 million, but the court finalized it at ₩171 million, approximately ₩100 million lower.

• Securing Parental Rights and Custody: Considering the children's emotional stability, the defendant was designated as the parent with parental rights and custody.

• Receipt of Child Support: The defendant received not only future child support but also ₩35 million in past child support as a lump sum from the plaintiff.

In Conclusion 🤝 In divorce proceedings, property division is not simply about dividing assets, but about accurately identifying and defending against items that are not your share. We will protect our client's rights to the end through meticulous evidence analysis.

If you are struggling with a similar situation, seek a solution through consultation right now!