<16> “I don’t have a valid reason for divorce. Is it still possible to get a divorce?”

Attorney Hanbyol Law LLC explains that even if it is difficult to prove specific grounds for divorce, a party may file for a judicial divorce based on Article 840(6) of the Civil Code (other serious grounds making it difficult to continue the marriage). In accordance with Supreme Court precedents, the attorney emphasizes that the key is to objectively prove whether the couple’s marital relationship has broken down to the point of being irreparable (based on factors such as the intention to continue the marriage, the duration of separation, and the degree of separation of living arrangements).

Hanbyol The attorney provides a detailed explanation of the principle of fault-based divorce (where a spouse primarily responsible for the breakdown of the marriage cannot file for divorce) and the legal doctrines of equal fault or unclear degree of fault as exceptions to this principle. The attorney explains that if the petitioner can demonstrate that their fault is no greater than that of the other spouse, the likelihood of the divorce being granted is high, and cites lower court rulings that support this position.

As a practical strategy, the author recommends proving objective facts of the breakdown—such as long-term separation or a complete breakdown in communication—arguing that the petitioner’s liability is no greater than that of the other party, and consulting with an expert.