Page title background (PC version)Page title background (mobile version)

Legal Intellectual

Tired of unprofessional or promotional legal answers?
Daeryun specialist lawyers will answer your questions.

Q

Is it necessary to collect evidence before proceeding with a lawsuit against the adulterous partner?

Legal IntellectualViews7,079

I am considering divorce because of my husband's infidelity. I am planning to file a lawsuit against the adulterous partner, and when I searched online, it said that collecting evidence is important. I have a certain amount of text messages, call records, and photographs, but I am not sure whether these are sufficient. Do I absolutely have to collect evidence before formally beginning the lawsuit? I would appreciate a prompt reply.

Collection of evidence

Examination of evidence

A

Answer to Related Inquiry

In a lawsuit against the adulterous partner, the collection of evidence is very important.

The court determines whether an act of infidelity actually occurred, and whether the adulterous partner was aware of it, and on that basis it judges whether consolation money (solatium) liability exists.

Therefore, the plaintiff must submit specific and objective evidence that can prove the act of infidelity.

Evidence that is generally recognized includes call records and recordings, credit card usage histories and receipts, and vehicle dashcam and navigation records, and the like.

Mere circumstances are not enough, and you must be able to prove a sexual act or an intimate relationship equivalent to such an act.

In addition, during the process of collecting evidence, methods that may constitute illegal eavesdropping or an invasion of privacy may instead bring about a disadvantage to you.

Therefore, you must necessarily collect evidence in a manner that is legally recognized.

It is advisable, through the assistance of an attorney specializing in this area, to determine in advance which materials can be recognized as legal evidence, and to strategically prepare the litigation procedures.

As this is a case in which emotions can easily become involved, please note that, through professional assistance, securing objective and lawful evidence is the key point.

Background

Daeryun's Key Strengths

Daeryun's exclusive AI · IT
litigation strategies
Over 240
key members
1,200+ cases
handled monthly

* January 2026 Bar Association Transit Permit Issuance Criteria

*Complies with Korean Bar Association Advertising Regulations Article 4 Paragraph 1

Examination of Evidence Attorney
Legal consultation booking

All consultations are conducted by specialized lawyers after reviewing the case. It is carried out on a reservation basis to ensure a professional process.We encourage you to make an early reservation for consultation, and request adherence to the scheduled time. We will do our best to provide a satisfying consultation.

Phone
consultation 1800-7905

Available 24/7, 365 days
for consultation requests

Phone booking

KakaoTalk
consultation

KakaoTalk channel

Daeryun Law Firm Attorneys

KakaoTalk booking

Online
consultation

We provide tailored
legal services.

Online booking
Quick Menu

KakaoTalk