How long does a lawsuit against the adulterous partner take? Can it take a long time even when there is evidence?

The duration of a lawsuit against the adulterous partner varies depending on the evidentiary situation of the case and the other party's attitude in responding, but it generally takes about 6 months to 1 year until judgment in many cases.

A lawsuit against the adulterous partner is a civil suit claiming consolation money for emotional harm from a third party who engaged in an affair with one's spouse, and the court comprehensively assesses matters such as the existence of the affair, whether the marital relationship was being maintained, and whether the other party was aware of the married status.

Therefore, it is not recognized immediately based solely on the circumstance that there is a suspicion of an affair, and the judgment is made by combining various pieces of evidence.

The litigation procedure proceeds in the order of filing the complaint → service on the defendant → submission of the answer → holding of the pleading date → pronouncement of judgment.

Even after the complaint is filed, it may take some time for the documents to be served on the other party, and in many cases it takes several months until the first pleading date is set.

However, if the other party admits the affair and the case is resolved through conciliation or settlement, it may end relatively quickly.

Conversely, if the adulterous partner strongly denies the relationship itself, or a fierce dispute arises over the authenticity of the relevant evidence, there is also a possibility that the litigation will be prolonged.

In addition, in a lawsuit against the adulterous partner, recognition does not require that sexual intercourse be directly proven, and in many cases whether there was an affair is judged by combining various materials such as text messages, KakaoTalk conversations, social media records, photographs, call histories, travel reservation records, and card usage records.

To obtain the desired outcome within the given duration of a lawsuit against the adulterous partner, it is important to organize systematically matters such as when and what kind of relationship existed, whether the other party was aware of the married status, and what emotional distress resulted from it.

Daeryun Law LLC cooperates with its Evidence Investigation Center and Digital Forensics Center to gather the evidentiary materials needed for the client's situation and to mount a response.

Moreover, a divorce attorney provides a comprehensive response strategy for various legal issues related to the marital relationship, including a lawsuit against the adulterous partner as well as divorce litigation, claims for consolation money, division of marital property, and disputes over custody and child support.

If you are considering the duration or the feasibility of a lawsuit against the adulterous partner, we recommend that you review the currently secured evidence and the structure of the case together with a divorce attorney at our firm.