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The importance of no-fault divorce in Virginia

A look at divorce laws in another country may shed light at some of the advantages Virginians enjoy when they must end their marriage. Today, we will discuss a decision by South Korea’s top court denying a man the right to file for divorce, because he was responsible for the marriage falling apart.

South Korean law does not allow a spouse who is at fault for the marital relationship ending, such as through infidelity, to initiate divorce proceedings. The man in this case tried to file for divorce in 2011, International Business Times reports. He left his wife 15 years ago and moved in with another woman, with whom he now has a child.

The case reached the national Supreme Court, where the justices upheld the lower court’s decision to dismiss the husband’s divorce filing. The justices noted that if they granted the divorce, the husband would not be required to pay spousal or child support to his wife and their three children. It is not clear if he is currently providing the children financial support.

Due to no-fault divorce, married people in Virginia do not need to provide a reason for getting divorced. The reasons for divorce are largely private, though issues like domestic violence may affect child custody and visitation matters. In addition, whether to have one spouse pay child support or alimony has to do with the spouses’ financial needs, not to punish a cheating spouse.

For more information about Virginia’s family law system, consult an attorney.

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