[Seongnam Divorce Attorney Case] Seongnam Divorce Attorney Obtains a Favorable Judgment Securing Child Support and Damages From the Affair Partner

The client gathered evidence after suspecting her spouse's infidelity, and once the affair was discovered, she reached a settlement with the affair partner on one occasion and obtained damages.

Even after that, however, the spouse continued to be unfaithful to the family and refused to communicate with the client, and after a loud argument in front of the children, the police imposed a separation measure.

Afterward, the client's spouse abandoned the children and the client and left the home.

For the proper upbringing of her children and the peace of her family, the client decided to divorce, and she requested Daeryun's assistance in order to claim child support against her spouse and to seek damages from the affair partner.

▣ Grounds for Judicial Divorce (Civil Act, Article 840)

A spouse may file for divorce with the Family Court in any of the following cases.

(1) Where the spouse has committed an act of infidelity

(2) Where the spouse has maliciously deserted the other

(3) Where one has been gravely and unfairly mistreated by the spouse or the spouse's lineal ascendant

(4) Where one's own lineal ascendant has been gravely and unfairly mistreated by the spouse

(5) Where the spouse's life or death has been unknown for three years or more

(6) Where there is any other serious cause making it difficult to continue the marriage

▣ Responsibility for the Upbringing of a Child Upon Divorce (Civil Act, Article 837)

(1) The parties shall determine matters concerning the upbringing of the child by agreement. [Amended on January 13, 1990]

(2) The agreement under paragraph (1) shall include the following matters. [Amended on December 21, 2007] [[Effective June 22, 2008]]

1. Determination of the custodian

2. Allocation of the costs of upbringing

3. Whether and how visitation rights are to be exercised

※ Points to Note When Seeking Damages From an Affair Partner

Once a marriage has broken down through discord and a long period of separation, such that the substance of the marital life no longer exists and has reached a point that cannot objectively be restored, the other spouse cannot claim damages from a third party even if that third party has an affair with one of the spouses. [Supreme Court Decision 2003Meu1890, rendered on February 27, 2004, among others]

Consolation money may be claimed from an affair partner who is responsible for the breakdown of the marriage; however, the following conditions are not subject to such a claim.

1. Where the affair partner could not have known that my spouse was married

2. Where the marital relationship had in fact ended before the affair occurred

Daeryun's Seongnam divorce attorney advised the client that it was important to gather various pieces of evidence that could establish the infidelity between her spouse and the affair partner.

We assisted the client in gathering as much as possible, such as conversations captured on dashcam footage and photographs of the affair partner and the spouse together,

and by submitting this as evidence at trial, we established the ongoing infidelity of the spouse and the affair partner.

The client had once forgiven her spouse's affair and had also reached a settlement with the affair partner, yet her spouse remained unfaithful to the family and

continued the infidelity with the affair partner. We emphasized that, because of this, the client suffered great hurt and shock and even received psychiatric treatment.

The client had three minor children, and in order to cover their hospital costs, medical expenses, food, education, and various living expenses,

we emphasized that substantial child support was needed.

The case above involved a client who decided to divorce because of her spouse's infidelity and who succeeded in obtaining substantial child support from her spouse

and damages from the affair partner.

In a divorce lawsuit arising from a spouse's affair, complex issues are intertwined, not only the divorce procedure itself but also child custody, child support,

and damages and consolation money from the affair partner.

To guide such a trial favorably, it can be important to gather solid evidence with the assistance of an experienced attorney.

At Daeryun Law Firm, experienced attorneys who have handled numerous divorce lawsuits provide systematic assistance for each client's case.

If you need help in a situation similar to the case above, we invite you to entrust your case to the Seongnam divorce attorney at Daeryun Law Firm at any time.