I have a question about adultery civil lawsuit.

Hello, here is the answer regarding the adultery civil lawsuit.

An important issue in adultery civil lawsuits is whether the marital community life was substantially maintained.

If the marital relationship had already broken down to a point of being irreparable, an act of infidelity with a third party thereafter is not considered an "infringement of the marital community life," so liability for consolation money may not be recognized.

Therefore, if the other party's claim that "the relationship was already broken" is true, the damages claim against the adulterous partner may be dismissed or affect the calculation of consolation money in the divorce.

However, mere circumstances such as a poor marital relationship or separation alone do not immediately constitute a finding of breakdown.

The court comprehensively examines factors such as ▶ the circumstances and duration of separation ▶ presence of children ▶ economic and social bonds ▶ possibility of reconciliation, etc., to determine whether the marital community life has been completely terminated.

That is, if the marriage still legally exists and it is difficult to consider that it has reached a state of breakdown according to social conventions, both the consolation money claim against the adulterous partner and the divorce claim against the spouse are possible.

Therefore, in your case as well, the adultery lawsuit does not become meaningless solely based on your husband's unilateral claim. The key is to prove whether the marital relationship was actually maintained through objective materials and circumstances.

Since the conclusion may vary depending on the specific facts, it would be good to develop a strategy through consultation with an attorney when preparing the lawsuit.

Consolation money claims can also be made against the divorcing spouse, so we will explore ways to receive monetary compensation for mental suffering.

Daeryun Law Firm provides customized response strategies tailored to the client's situation through the organic collaboration of divorce specialist attorneys and civil specialist attorneys who have experience with various divorce cases.

We operate a 365-day, 24-hour consultation reception system and have branch offices in regions across the country, so please visit Daeryun in the way that is most convenient for you.