Photo not related to article. [Getty Images Bank]
Photo not related to article. [Getty Images Bank]

A woman who decided to seek a divorce after years of her husband's heavy drinking, verbal abuse and indifference to child-rearing has shared her story.

According to YTN Radio's "Jo In-seop's Legal Consultation" on Monday, the woman, identified only as A, first met her husband through a mutual college friend and married him after three years of dating.

Early in their marriage, the couple both worked and together saved up a jeonse deposit. After giving birth to a daughter, A left her job to become a full-time homemaker. Now in their seventh year of marriage, the daughter is set to start elementary school next year.

A said married life had grown increasingly difficult. "My husband started drinking excessively a few years ago and showed no interest in housework or raising our child," she said. "Whenever I told him I was struggling, he would brush it off, saying, 'What's so hard about watching a kid at home?' He also hurled severe verbal abuse at me."

After multiple attempts at conversation produced no change, A ultimately decided to seek a divorce. Worried her husband would refuse to cooperate, she asked whether she could file for a judicial divorce on the grounds of frequent drinking, verbal abuse and neglect of household and parenting duties.

A said she also wants sole custody and parental rights over their daughter. "When I tested the waters with my husband, he said, 'I may be willing to give up raising the child, but I will never give up parental rights,'" she said. She sought advice on whether a judicial divorce was possible and what kind of property settlement she could expect.

Attorney Lee Jun-heon said that if one spouse opposes the divorce, a mutual agreement is not possible and a judicial divorce must be filed with the court. He added that in cases involving verbal abuse or threats, useful evidence includes recorded conversations, screenshots of text messages and KakaoTalk chats, call recordings and written statements from people close to the couple. "Recording a conversation you are personally part of does not constitute illegal wiretapping, so it can be submitted as evidence without any problem," he said.

On the question of property division, Lee said courts weigh how assets were accumulated and each spouse's contribution rather than whose name they are registered under. Assets subject to division include the jeonse deposit, real estate, bank deposits and shares held in the husband's name, as well as severance pay, national pension and retirement pension. "If she has been solely responsible for child-rearing and housework as a full-time homemaker, the court will place a high value on that contribution," he said.

Regarding parental rights and custody, Lee advised that A could be designated as the sole holder of both if she emphasizes her deep emotional bond with the child as the primary caregiver and the fact that the husband's drinking and verbal abuse make normal negotiation difficult.


choigo@heraldcorp.com