

Q
I am preparing a lawsuit against the spouse's affair partner; is a lawsuit possible even without knowing the affair partner's name?
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Hello. A little while ago, I found out that my husband is having an affair with a coworker. I am hesitant about divorcing my husband because our child is still young, so for now I intend to file a lawsuit against the female affair partner. I do not know the female affair partner's name. I do know that she works at the same place as my husband. Is a lawsuit against the spouse's affair partner possible even in such a case? And I am also curious whether I can file such a lawsuit even without divorcing my husband.
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Answer to Related Inquiry
Author: 김국일
I see that you are considering a lawsuit against the spouse's affair partner. Even if you do not know the female affair partner's name, you can prepare a lawsuit for damages.
However, you must know basic personal information such as her workplace, phone number, and vehicle number.
Through an application for a fact-finding inquiry, you can identify the affair partner's personal details and then proceed with the lawsuit.
Also, to answer your second question, a lawsuit for damages against the affair partner can be brought even without an actual divorce, if the marital life has substantially broken down because of the affair partner.
However, the most important thing in a lawsuit against the spouse's affair partner is confirming whether the requirements for its establishment are satisfied.
You must prove whether the affair partner met your spouse while knowing that your spouse was married and whether your spouse's act of infidelity was the decisive cause of the breakdown of the marital life (this does not refer to divorce).
You can prepare for the lawsuit only by submitting evidentiary materials that can satisfy these requirements for establishment.
However, if you collect evidence by unlawful means, not only may the evidence not be admitted, but you may instead be subject to legal punishment, so you must be careful.
A lawsuit against the affair partner has a prescription period that expires, so if you have become aware of your spouse's infidelity, a prompt response is necessary.
We recommend that you retain an attorney handling lawsuits against affair partners who establishes a strategy based on lawful investigation of evidence, so that you can respond reliably.

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