Q
I want to file an adultery partner lawsuit — is it possible?
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I've been married for six years, and I think my wife is having an affair recently. I saw her exchanging affectionate texts on her phone next to me. I haven't secured direct evidence yet... In this case, can I file for divorce on grounds of infidelity? Also, I'd like to know what evidence I need to claim alimony based on spousal infidelity.
adultery partner lawsuit
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作者: 김국일
Hello. This is the Daeryun Law Firm divorce specialist attorney.
Although I do not know the exact situation, an adultery partner lawsuit can be filed if the following requirements are met, so it appears that you can sufficiently file one.
1. You must be in a marriage
2. There must be infidelity between the other party and your spouse
3. The adultery partner knew or could have known that the spouse is married
4. You must have suffered mental distress
An adultery partner lawsuit is a type of civil lawsuit and proceeds in the form of claiming consolation money.
The burden of proof in civil lawsuits in principle lies with the plaintiff, so you must collect evidence that can prove the infidelity between your wife and the adultery partner.
The types of evidence commonly used in adultery partner lawsuits are as follows.
1. KakaoTalk, text and other message contents
2. Phone call recording files
3. Motel and other entry records, etc.
There are many cases where, with emotions running high, illegal means such as wiretapping are used in collecting evidence — in such cases, the evidence may not be accepted.
If you entrust an adultery partner lawsuit to us, our firm collects evidence favorable to the client through collaboration with the evidence investigation center and digital forensics center.
In addition, the divorce specialist attorney provides assistance for the entire divorce lawsuit procedure as well as the divorce procedure with your wife after the conclusion of the adultery partner lawsuit.
If you need legal assistance regarding an adultery partner lawsuit, please make a consultation appointment right now.
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