How Can a Blameworthy Spouse Seek Divorce?

Part One : Recent Legal Developments

In my previous article titled "Divorce is Difficult? How to Seek Divorce When Separated?" we discussed the criteria for determining divorce in judicial practice and how a blameworthy spouse (one responsible for the grounds of divorce) can request a divorce. In this update, we'll focus on a recent significant legal development that affects the ability of blameworthy spouses to seek divorce.

Key Points from Previous Article:

1. In general, the party not responsible for the difficulties in maintaining the marriage can request a divorce.
2. Exceptions exist, such as when restricting the right of the sole blameworthy spouse to seek divorce leads to overly harsh situations, as clarified in a recent judgment (Judgment No. 4 of 2023).
3. If both parties have contributed to the grounds for divorce, the court will consider the level of responsibility of each party in determining who can request a divorce.

However, the legal issue in point 3 has new development in the previous year. Here we will explain what the new development is.

Part Two: Recent Judicial Decision: Supreme Court Judgment No. 1612, 112nd Year

At the end of the previous year, the Supreme Court made a crucial ruling (Supreme Court Judgment No. 1612, 112th Year) regarding the right of a blameworthy spouse to seek divorce. This decision overturned previous practical interpretations and is expected to have a significant impact on ongoing and future divorce cases.

Supreme Court Judgment No. 1612 of the 112th year of the Republic of China: "In cases where it is difficult to maintain a marriage due to reasons other than those specified in Article 1052, paragraph 1 of the Civil Code, either party of the marriage may request a divorce. However, if the reason should be borne by one party of the marriage, only the other party may request a divorce, as stipulated in the same Article, paragraph 2. According to the text and meaning, when both spouses are responsible for the major reasons that make it difficult to maintain the marriage, they are both considered responsible spouses and may request a divorce from the other party in accordance with the provisions of Article 1052, paragraph 2 of the Civil Code, without the requirement of comparing the degree of fault of both parties. The court's consideration of a divorce request based on the circumstance 'when both spouses are responsible for the major reasons that make it difficult to maintain the marriage' does not necessitate a comparison of the degree of fault of both parties, as it falls within the realm of legislative formation. However, at this juncture, the party with lesser responsibility is not precluded from seeking compensation from the other party with greater responsibility for damages suffered due to the dissolution of the marriage, in order to achieve a balance and fairness."

In plain terms, the Supreme Court overturned past practical interpretations in this judgment. The ruling indicates that it is unreasonable to restrict the party with heavier responsibility from seeking a divorce when a marriage is difficult to maintain and both parties are responsible. Therefore, if both spouses must bear responsibility for the grounds for divorce, then both have the right to seek a divorce. If the party with heavier responsibility wants to seek a divorce, then that right is no longer restricted as before. In other words, when determining whether a divorce is permissible, the court no longer needs to compare the level of responsibility between the parties, because regardless of the degree of responsibility, both can request a divorce.

With this ruling, in future divorce litigation, it will no longer be possible to argue that "the spouse with heavier responsibility cannot request a divorce" to reject the other party's divorce claim, unless it can be proven that the other party is solely responsible and therefore oneself is entirely blameless regarding the grounds for divorce.

Even though the other party is more to blame, should they be let off the hook for this reason?

Therefore, it is foreseeable that the chances of successfully requesting a divorce will increase in the future, and the courts are also inclined not to continue forcing the spouses to remain in a marriage that is in name only. However, this ruling only relaxes the standards for divorce and does not affect other rights related to divorce claims! So, if you are the spouse who believes that your responsibility is lighter, you do not need to feel discouraged because of this ruling. If there is any damage caused by the grounds for divorce or divorce, you can still legally claim against the other party without being affected by this ruling!

Part Three: Seeking or Opposing Divorce - Can It Be Successful?

The legal analysis provided above is based on my years of experience and offers a general overview. However, please note that legal cases are unique, and each person's life story is distinct. The same conditions can yield different results depending on the circumstances.

Therefore, whether you are seeking divorce or opposing it, it's recommended to consult with an attorney to fully understand your rights, as well as your strengths and weaknesses in the case. An attorney can provide individualized analysis for your situation and ensure your interests are protected.

If you have divorce-related questions, feel free to contact Attorney Ching-Yi, Chen through the LINE official account, or by scanning the QR code below. Attorney Chen can provide case-specific analysis and safeguard your interests.