Daejeon Divorce Law Firm | With the Assistance of a Daejeon Divorce Specialist Attorney, Winning a Lawsuit Against the Spouse's Affair Partner

The client who came to the Daejeon divorce law firm wished to find evidence proving the relationship between his wife and her adulterous partner and to pursue a lawsuit against the adulterous partner.

After discovering a photo in his wife's phone gallery of her posing arm in arm with an unfamiliar man, the client learned of his wife's infidelity.

He tried to secure evidence proving the affair by accessing the messenger account on the phone his wife had used until recently, but because it was logged out, he could not confirm more of the contents.

The client therefore came to the Daejeon divorce law firm to pursue a lawsuit against the adulterous partner, along with a request for a digital forensic investigation of his wife's phone.

■ The Legal Basis Relevant to the Case, Explained by the Divorce Law Firm

▶ Points to note in a consolation money lawsuit against an affair partner

Where a couple's marital cohabitation has broken down due to discord and a prolonged separation, so that the substance of the marriage no longer exists and the marriage has reached a state objectively beyond recovery, then even if a third party has an affair with one spouse thereafter, the other spouse cannot claim damages against the third party.

▶ Consolation money may be claimed against an affair partner who is responsible for the breakdown of the marriage, but the partner is not a proper subject where the following conditions apply

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

2. Where the marital relationship had in effect already 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 the injured party or his or her legal representative becomes aware of the harm and the perpetrator.

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

The Daejeon divorce law firm secured clear evidence to prove the affair between the wife and the adulterous partner.

By conducting a digital forensic investigation on the cell phone the wife had used until recently and reviewing the messenger conversations, the firm was able to find materials proving the affair between the wife and the adulterous partner.

In addition, through a full analysis of the phone's data, the firm secured records such as hotel reservations and airline ticket payments made in the names of the adulterous partner and the wife.

The Daejeon divorce law firm submitted the materials secured through the digital forensic investigation as evidence in the lawsuit against the adulterous partner.

The Daejeon divorce law firm argued that the adulterous partner had clearly known that the wife was married.

From the messenger contents found through the digital forensic investigation, the firm also secured content showing that the wife had informed the adulterous partner of her marriage by sending him wedding photos on multiple occasions.

Because the client could not claim consolation money against the adulterous partner if the partner had not known that the wife was married, the Daejeon divorce law firm emphasized that the adulterous partner had known of the wife's marriage.

The client who came to the Daejeon divorce law firm wished to file a lawsuit against the adulterous partner together with a request to secure evidence through a digital forensic investigation.

The Daejeon divorce law firm therefore assembled a team of Daejeon divorce attorneys with extensive experience in related cases and assisted with all stages of the lawsuit.

The firm also conducted a digital forensic investigation and secured evidence proving the affair between the wife and the adulterous partner.

As a result of the lawsuit, the court accepted the Daejeon divorce law firm's arguments, and the client was able to recover consolation money from the adulterous partner and win the case.

If you wish to file a lawsuit in a situation similar to the client above, we recommend that you come to the Daejeon divorce law firm for a consultation.