Do I have to get divorced in order to proceed with a lawsuit against the spouse's affair partner?

The fact that a spouse and a third party committed a wrongful act does not necessarily mean that you must get divorced.

There are also many cases in which a person does not want a divorce for reasons such as child-rearing or financial considerations.

However, a lawsuit against the spouse's affair partner can be filed regardless of whether you divorce.

In other words, even if you do not divorce your spouse, you can claim consolation money from the third party through a lawsuit against the spouse's affair partner.

In a lawsuit against the spouse's affair partner, the right to claim consolation money must be exercised within three years from the day on which you became aware of the damage and the wrongdoer.

Here, 'the day on which one became aware of the damage and the wrongdoer' means the day on which the victim or the victim's legal representative specifically recognized the wrongdoer's tort and the damage resulting from it.

Merely that damage occurred or that one had a suspicion is not sufficient; one must recognize the existence of the tort, the damage resulting from it, and the causal relationship in order for it to be acknowledged as the 'day of awareness.'

A point to be careful about when proceeding with a lawsuit against the spouse's affair partner is securing sufficient evidence of the wrongful act.

Because it is difficult to lead the lawsuit favorably if the evidence is insufficient, it is important to prepare the relevant evidence thoroughly.