[Anyang Divorce Specialist Attorney Favorable Judgment Case] Anyang Divorce Specialist Attorney Wins a Lawsuit Against the Affair Partner (Female)

The client who came to an Anyang divorce specialist attorney had decided to file a lawsuit against the affair partner (female) after finding traces of infidelity on the spouse's mobile phone.

On the spouse's mobile phone, the client found traces that the affair partner's social media account had been logged in and messages sent by the affair partner.

However, because the affair partner's account was private, the client could not confirm what photos had been posted.

Accordingly, the client came to Daeryun's Anyang divorce specialist attorney to request confirmation of the posts on the private account and to proceed with a lawsuit against the affair partner (female).

■ Laws Relevant to the Case as Explained by the Anyang Divorce Specialist Attorney

▶ Consolation money may be claimed from the affair partner who is responsible for the breakdown of the marriage, but the partner is not subject to the claim if the following conditions apply

1. The case in which the affair partner could not have known of my spouse's marital status

2. The case in which the marital relationship had in fact ended before the affair

▶ Civil Act, Article 766 (Extinctive Prescription of the Right to Claim Damages)

(1) The right to claim damages arising from a tort is extinguished by prescription if it is not exercised within 3 years from the date on which the victim or the victim's legal representative becomes aware of the damage and of the perpetrator.

(2) The same applies when 10 years have elapsed from the date the tort was committed.

▶ Points to Note in a Consolation Money Lawsuit Against the Affair Partner

After the marital community has broken down through discord and prolonged separation, such that the substance of the marital life no longer exists and the relationship has reached a point of objective irrecoverability, even if a third party engages in an affair with one spouse, the other spouse may not claim damages from the third party.

The Anyang divorce specialist attorney argued that, until the spouse's infidelity came to light, the marital relationship between the client and the spouse had been considerably good.

They were so harmonious that, even among the apartment residents, they had a reputation as an enviable couple.

Through the content of the spouse's text messages, the firm confirmed that the affair partner had also clearly known of the spouse's marital status.

The marital community had not at all reached a state in which it had broken down through discord and prolonged separation, such that the substance of the marital life no longer existed and the relationship had become objectively irrecoverable.

Accordingly, Daeryun's Anyang divorce specialist attorney claimed consolation money from the affair partner, emphasizing that the relationship between the client and the spouse had been considerably good and that the affair partner had clearly known of the marital status.

The Anyang divorce specialist attorney conducted a forensic investigation in order to prove the affair between the spouse and the affair partner.

The Anyang divorce attorney analyzed the entire storage of the spouse's mobile phone and secured the affair partner's social media data from a hidden data space.

On the affair partner's social media, many date photos with the spouse, along with the food they had eaten together, had been posted.

When the data was further analyzed to secure more materials proving the affair, a hotel voucher reserved in the names of the spouse and the affair partner was also found.

Daeryun's Anyang divorce specialist attorney submitted the materials proving the affair, secured through the forensic investigation, as evidence.

The client who came to the Anyang divorce specialist attorney wished to prove the affair between the spouse and the affair partner and to file a lawsuit against the affair partner (female).

Accordingly, Daeryun's Anyang divorce specialist attorney formed a handling team of Anyang divorce attorneys with extensive experience in lawsuits against affair partners and assisted with the overall procedure of the litigation.

The firm conducted a forensic investigation to find materials proving the affair and secured clear evidence as well.

As a result of the litigation, the court accepted the Anyang divorce attorney's arguments, and the client was able to recover a large sum of consolation money from the affair partner.

If, like the client above, you wish to file a lawsuit against an affair partner (female), you may reach out to an Anyang divorce specialist attorney at Daeryun Law Firm.