"What’s so hard about just watching the kids at home?" ... Wife who endured 7 years of husband’s drinking and verbal abuse decides to divorce [Legal Insight]

[Financial News] A woman who is considering divorce because of her husband’s frequent drinking and verbal abuse sought legal advice, saying she wants to obtain custody and parental rights for her daughter.
On the 31st, YTN Radio's "Attorney Jo In-seop's Counseling Center" featured the story of a woman identified as A, who said she had decided to divorce after seven years of marriage.
A, who said she first met her husband through an introduction by a college classmate, said, "I dated my husband for three years before we got married."
She added, "In the early years of our marriage, we both worked and saved money for a rental deposit. After I gave birth to our daughter, I quit my job and became a full-time homemaker. We are now in our seventh year of marriage, and our daughter is set to enter elementary school next year."
A said married life became increasingly difficult over time. "My husband has been drinking excessively and very frequently for several years, and he would act abusively when drunk," she said. "He showed no interest in housework or childcare. Whenever I told him I was struggling, he would brush it off, saying, 'What's so hard about watching the kids at home?' He also hurled severe verbal abuse at me."
After several attempts to talk things through failed to bring any change, A decided to divorce. Worried that her husband might not agree to an amicable split, she asked, "Can I file for a court divorce on the grounds of frequent drinking, verbal abuse, and indifference to housework and childcare?"
She also asked about property division, saying, "The rental deposit for the home we live in is under my husband's name, but it was money we saved together when we were both working early in our marriage. I also have some savings that I set aside little by little on my own. How much property division can I receive if I have been a full-time homemaker handling all the housework and childcare?"
A also sought advice, saying, "I casually tested him, and he said, 'I may let you raise the child, but I will never give up parental rights.' If my husband keeps parental rights or if we are assigned joint parental rights, will that cause problems with school transfers, overseas travel, or medical treatment? I am also worried that he may secretly hide assets if I ask for a divorce. What should I do?"
After hearing her story, attorney Lee Jun-heon explained, "If one side opposes the divorce, an amicable divorce cannot proceed. You must file for a 'court divorce' with the court."
He added, "In court divorce cases and claims for damages, securing objective evidence is extremely important. In cases involving verbal abuse or threats, useful evidence includes recorded conversations, text messages, screenshots of KakaoTalk chats, call recordings, and written statements from people around you." He also noted, "If you recorded the conversation yourself as a participant, it is not considered an illegal recording, so it can be submitted as evidence without issue."
On property division, he explained, "Because the court looks at how the assets were formed and each spouse's contribution rather than whose name they are under, the rental deposit, real estate, deposits, and stocks under the husband's name are all subject to division, as are severance pay, the National Pension Service (NPS), and pension assets such as retirement pensions. If a spouse has handled all childcare and housework alone as a full-time homemaker, that contribution is highly valued."
Regarding parental rights and custody, he said, "The court places the child's welfare first. If you emphasize your deep emotional bond with the child as the primary caregiver and the fact that your husband's drinking and verbal abuse make normal cooperation difficult, you may be designated as the sole parental rights holder and custodian."
Finally, the attorney stressed, "If you are concerned that assets may be disposed of during divorce proceedings, it is important to promptly apply for protective measures such as provisional seizure or injunction at the early stage of preparing for divorce."

[email protected] Kim Su-yeon Reporter