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Q

I need to file a lawsuit against the adulterous partner.

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My wife has been secretly meeting another man. I intend to file a lawsuit against this man as the adulterous partner, so what evidence should I gather? I am planning to secretly capture the KakaoTalk conversations and similar records from my wife's phone and send them to my own phone. Please let me know what other evidence would be effective.

Lawsuit against the adulterous partner (male)

A

Answer to Related Inquiry

To file a lawsuit against the adulterous partner, the following three elements must be met: 1) the adulterous partner was aware that your wife was married, 2) an improper relationship existed between that partner and your wife, and 3) mental suffering resulted from the infidelity must all be satisfied.

In addition, objective materials capable of proving these points are required.

First, conversations between the two, such as KakaoTalk chats, text messages, and messenger records, that reveal an affectionate relationship or suggest infidelity can serve as important evidence.

In addition, the following materials are also used in practice.

∙ Photographs and videos: footage of the two entering places such as motels, hotels, and travel destinations together

∙ Payment records: expenditures connected to the infidelity, such as payments for lodging, gifts, and travel expenses

∙ Call logs and location information: repeated contact at unusual hours and matching movements at particular places

∙ Statements of third parties: eyewitness accounts from acquaintances or people nearby

Because a single piece of evidence may not be sufficient, it is important to present multiple pieces of evidence together so that the fact of the infidelity can be inferred.

If the marital relationship had in fact already broken down before the two engaged in the improper conduct, a lawsuit against the adulterous partner cannot be filed, so please keep this point in mind as you pursue the outcome you seek through such a lawsuit.

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