Many couples go through hardships during marriage. Some of them decide to divorce and to go their respective ways. However, as you might know, divorce may not be always the answer to solving the conflicts. If you want to continue your marriage, but your spouse moves out your home without getting your consent, how would you deal with the situation? You may consider filing for divorce, but before doing so, if you intend to recover your relationship with your spouse, you may file for adjudication to live together with the family court.

The first paragraph of the Article 826 of Civil Act states, “(h)usband and wife shall live together, and shall support, and aid each other: Provided, That both parties must tolerate, if they do not live together temporarily for a due reason”. Based on the Article above and Article 2 of Family Litigation Act, you may file for adjudication to live together. If necessary, you may also claim that your spouse pay the living expense when filing for adjudication to live together according to Article 833 of Civil Act prescribing that “(t)he expenses necessary for communal life of husband and wife shall be jointly and severally borne by them, unless a special stipulation has been made between them”.    

The family court will rule, in favor of you, that your spouse shall live with you if your claim is justifiable. However, what if your spouse does not come back after receiving the decision? Actually, it is impossible that the court forces your spouse to live with you. Nevertheless, the fact that your spouse does not follow the decision shall be an important factor for the court to consider the amount of compensation for your mental anguish in case you file for civil or divorce suit against your spouse in the future.    

It might not be desirable to simply say that living together will be better for the couple having difficulties, but I’d inform that there is an option to be worthy of consideration for many troubled couples. If you have any further inquiries, please request a consultation (https://lawyerhwang.com/consultation/). My office is located near Seoul District Court and Gyodae subway station in Seoul.

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