"Frequent Marital Fights... Counseling Received but Resolution Difficult"
Wife Has Not Returned for Half a Year After Running Away
Lawyer: "Not 'Malicious Abandonment,' Divorce Is Difficult"
A story has emerged about a husband who is considering divorce because his wife runs away from home every time they have a fight.
YTN Radio's "Attorney Jo Inseop's Counseling Room" revealed on the 11th the story of Mr. A, a husband who wants a divorce because his wife repeatedly leaves the house. Mr. A, who has been married to his wife for 13 years, said, "Throughout our marriage, we often fought over trivial matters, but last year my wife made a statement that personally insulted me," adding, "I couldn't hold back my anger and shouted abusive words at her, making it the biggest fight we've had since our marriage."
He continued, "I was so shocked at myself that I immediately apologized, but my wife was so shocked that she packed her bags and left the house that day," and said, "I grew up in a divorced family, so I never wanted a divorce for the sake of our children. I contacted my wife several times begging her to come back, but she remained silent." He said, "As I became anxious, I begged my wife, saying, 'Let's try the couples counseling you suggested before, and I will really do better from now on.' Then, a month later, my wife returned home," adding, "Since then, we have attended couples counseling several times. However, I have not been able to easily resolve the conflicts with my wife."
He added, "Six months ago, we had another serious fight. That day, my wife left the house again," and said, "I thought she would come back soon, but she still hasn't returned. Currently, I am using all my paid leave and taking care of the children alone. At this point, it feels like our marriage is over, and I want to ask if I can get a divorce."
In response, Attorney Shin Go-woon of Shinsegye Law Firm explained, "The Civil Act stipulates 'when a spouse maliciously abandons the other party' as grounds for divorce by court ruling," adding, "The degree of coldness, existence of fault, payment of living expenses, and duration of separation are considered. Mr. A's wife did not leave home unilaterally without any reason, and the period of absence is only six months, so it is difficult to consider it as 'malicious abandonment.'"
He also said, "The Civil Act also stipulates 'when the life or death of a spouse is unknown for more than three years' as grounds for divorce by court ruling. If Mr. A's wife had no contact for more than three years after leaving home, a divorce petition could be filed on the grounds of 'missing person,'" adding, "If the no-contact state continues for more than five years, a missing person report is filed, and after a certain period, the spouse is presumed dead, dissolving the marriage relationship." He further explained, "However, 'missing person' means a state where it is impossible to prove whether the spouse is alive, so it is different from simple loss of contact," adding, "There must be no hospital records, communication records, or internet search records at all."
Netizens who read the story responded with comments such as, "I feel sorry for the reporter, but I also understand the wife's behavior," "It seems like it would be a big wound for the children," and "I hope they get back in touch and resolve things well."
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