CONTENTS
- 1. Family Legal Consultation | The Client's Case
- 2. Family Legal Consultation | Matters of Assistance
- - Organizing the Dispute Structure and Issues After Legal Consultation
- - Pointing Out Insufficient Proof of an Affair
- - Rebutting Awareness of the Marriage and the Scope of Liability
- 3. Family Legal Consultation | Result of the Assistance
- - Considerations When Responding to a Lawsuit Against the Spouse's Affair Partner
- - What Issues Can Be Addressed in a Consultation
- 4. Family Legal Consultation | If You Need Assistance?
1. Family Legal Consultation | The Client's Case
The client who sought the assistance of a family attorney through a family legal consultation was in a situation in which a man's spouse had filed a lawsuit claiming damages against the spouse's affair partner.
The client had maintained contact for a certain period with a man she had come to know through an acquaintance, but had not expected that the relationship would escalate into a legal dispute.
In particular, the client was unaware that the man was married.
Subsequently, the man's spouse filed a lawsuit claiming damages, alleging that the client had infringed upon the marital relationship, and the client was placed in a situation requiring a response as the defendant in a lawsuit against the spouse's affair partner.
Feeling the need to review the overall structure of the dispute, the client entrusted the case through a family legal consultation.
2. Family Legal Consultation | Matters of Assistance
During the family legal consultation, the divorce specialist attorney organized the issue structure of the lawsuit against the spouse's affair partner based on the overall flow of the case and prepared a response strategy.
Organizing the Dispute Structure and Issues After Legal Consultation
Based on the facts of the case, the divorce specialist attorney specified the core issues in the claim for damages against the spouse's affair partner as whether an affair was established and whether the affair partner could have known that the other party was married.
This kept the arguments from expanding unnecessarily and clarified the direction of the response more clearly.
Pointing Out Insufficient Proof of an Affair
The divorce specialist attorney emphasized that the materials submitted by the plaintiff's side amounted to nothing more than records of exchanged text messages and could hardly be regarded as evidence sufficient to establish an affair.
The attorney also pointed out the insufficient proof, focusing on the fact that the relationship with the man did not rise to a level that was legally problematic.
Rebutting Awareness of the Marriage and the Scope of Liability
The divorce specialist attorney focused on the fact that the client was unaware of the man's marriage and argued that there was neither intent nor negligence.
In addition, the attorney conducted a legal response centered on the fact that the liability requirements demanded in a lawsuit against the spouse's affair partner were not satisfied.
3. Family Legal Consultation | Result of the Assistance
As a result of proceeding with the case through the family legal consultation, the court dismissed all of the plaintiff's claims for damages.
The court determined that the submitted materials alone made it difficult to establish an affair and that objective evidence to prove it was lacking.
The court also determined that it was difficult to find that the client had been aware of the man's marriage.
Accordingly, all of the plaintiff's claims were dismissed and the litigation costs were also borne entirely by the plaintiff, and the client was able to conclude the case without any obligation to pay consolation money and without bearing an economic or legal burden.
Considerations When Responding to a Lawsuit Against the Spouse's Affair Partner
If a client who requested a family legal consultation to respond to a lawsuit against the spouse's affair partner is married, various issues, including not only consolation money but also divorce, may arise together.
In particular, because disputes such as a claim for damages are not judged on fragmentary facts alone, it is important to set the response direction based on the overall structure.
Item | Main Content | Response Direction |
Whether Married | The man's marital status | Determining whether there was awareness |
Affair | The degree of the relationship | Response centered on whether it is proven |
Intent and Negligence | Possibility of awareness of the marriage | Limitation of liability |
Evidence | Text messages, calls, records, and similar | Reviewing the credibility of the evidence |
Because a lawsuit against the spouse's affair partner is considered comprehensively based on multiple circumstances rather than individual factors, it is important to systematically organize the facts.
What Issues Can Be Addressed in a Consultation
In a family legal consultation, various legal issues arising in family relationships, not only divorce, can be reviewed together.
In particular, because a single case often expands into multiple issues, a comprehensive consultation is necessary.
Category | Consultation Content | Points to Review |
Divorce | Divorce by agreement, judicial divorce, and grounds for divorce | Whether the marriage has broken down |
Division of Marital Property | Distribution of the couple's property | Contribution and property formation |
Right of Custody and Parental Authority | Raising and protecting the child | Judgment centered on the welfare of the child |
Child Support | Calculation and payment of child support | Ability to pay and the applicable criteria |
Consolation Money | Claiming and defending against damages | Whether there is liability and its proof |
Lawsuit Against the Spouse's Affair Partner | Disputes related to an affair | Awareness of the marriage and evidence |
Domestic Violence | Protective orders and response | The facts of the harm and evidence |
Inheritance | Inherited property and the legally reserved portion | The inheritance structure and shares |
4. Family Legal Consultation | If You Need Assistance?
If you are in a situation requiring a response to a lawsuit against the spouse's affair partner, you may need to comprehensively review not only the affair case but also the family disputes as a whole that may arise from it.
In a divorce dispute, it is important to clearly organize the facts and legal issues at the consultation stage and to design a strategy.
The divorce specialist attorneys of Daeryun Law Firm comprehensively review the client's situation, analyze the overall flow of the case, and provide systematic assistance to prevent the unnecessary expansion of the dispute.
Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), provides tailored legal services.
If you need a family legal consultation, 🔗please reserve a legal consultation with a family attorney to confirm a response direction suited to your current situation.
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