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Seocho divorce lawyer, "Lawsuit for alimony between a man who had an incestuous relationship and a woman who had an incestuous relationship... Proving the fact of adultery and extramarital affairs is key."

Media Herald Economy
Date

2021-07-30

Views 2,417

서초 이혼전문변호사, "상간남, 상간녀 위자료청구소송... 불륜·외도사실 입증이 관건

According to the legal community, divorce, parental and custody disputes, and incestuous incest lawsuits are increasing every year.As can be seen through the drama ‘The World of the Married,’ divorced families continue to engage in fierce legal battles while facing complex situations and problems. According to a divorce lawyer (Daeryun Law Firm), in the case of real divorced families, incidents that can be much more provocative than dramas sometimes occur, and the legal response to adultery has also changed since the abolition of adultery.

Shim Jae-guk, a divorce lawyer at Daeryun Law Firm, explained, "The abolition of the adultery law does not mean that cheating is allowed. Cheating is still a cause for the breakdown of marriage under civil law. Even if criminal punishment cannot be imposed, a divorce lawsuit and alimony can be filed against the spouse in civil terms, and alimony can be claimed by holding the incestuous person responsible."

Generally, in the case of a lawsuit against an adulterer, alimony can be claimed from the adulterer separately from the divorce, △ alimony can be claimed from the adulterer after divorce from the spouse, and △ alimony can be claimed from both the spouse and the adulterer at the same time as the divorce lawsuit. At this time, if you have divorced or are in the process of divorce proceedings, the family court will be the competent court, and if you have not divorced, the civil court will be the competent court.

According to a divorce lawyer, alimony in alimony claims lawsuits for incestuous couples is generally set at between 10 million won and up to 30 million won, but the amount can vary depending on the specific case of cheating and the reasons attributable to the breakdown of the marriage. However, because the statute of limitations applies to claims for damages, it is advised that a lawsuit must be filed within 3 years from the date of discovery of the cheating or 10 years from the date of the affair.

Divorce lawyer Shim Jae-guk said, “In a lawsuit requesting data for incest, it is most important to reveal that the adulterer or his or her spouse committed an act of misconduct after knowing that he or she was a married man or woman.” He added, “Data obtained through illegal methods such as wiretapping, shadowing, or requests to a public information agency as a means of collecting evidence is unlikely to be accepted as evidence in court, and on the contrary, the person may be subject to criminal punishment, so this is an area where legal assistance is required.”

Seocho-gu, Seoul,Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, JejuDaeryun Law Firm, which has an office in , provides legal assistance on a variety of issues that arise during the divorce process, including divorce, property division, custody and parental rights, and incestuous incest data claims, through divorce lawyers and domestic affairs lawyers certified by the Korean Bar Association.


View original article - https://news.naver.com/main/read.nhn?mode=LSD&mid=sec&sid1=101&oid=016&aid=0001671171

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