Gwangju Divorce Attorney | Filing a Divorce Suit Against an Adulterous Wife and Obtaining Consolation Money

The client was a man in his forties.

Having maintained a marriage of more than 10 years with his wife, the client had three children.

One day, the wife suggested to the client that they use separate rooms.

The client was greatly taken aback, but, believing that his wife, worn out from childcare, needed some free time, he accepted this.

Not long afterward, however, the client learned a shocking fact.

He witnessed his wife, who had been living in the other room, chatting with unidentified men through an app and talking with them on the phone.

The wife's behavior gradually became bolder.

She lied that she was going to a class reunion and then drank with other men, and she did not hesitate to leave home.

The client had to endure, however, because he had three young children.

The client quietly cared for the children alone, without his wife. This was because he believed that, for the children's sake, his wife would return to the family.

The wife, however, continued her life away from home without feeling any guilt, and so the client decided to divorce and came to the Gwangju divorce attorney.

■ Statutes Related to Divorce

Civil Act Article 840 (Grounds for Judicial Divorce)

Either spouse may file a claim for divorce with the Family Court in any of the following cases.

1. If the other spouse has committed an act of unchastity

2. If one spouse has been maliciously deserted by the other spouse

3. If one spouse has been extremely maltreated by the other spouse or that spouse's lineal ascendant

4. If one's own lineal ascendant has been extremely maltreated by the other spouse

5. If it has not been clear for 3 years or more whether the other spouse is alive or dead

6. If there is any other serious cause that makes it difficult to continue the marriage

■ Statutes Related to Claims for Consolation Money

Civil Act Article 806 (Rescission of Engagement and Right to Claim Damages)

(1) If an engagement is rescinded, one party may claim from the other party at fault damages arising therefrom.

(2) In the case of the preceding paragraph, there is liability for damages for mental suffering in addition to property loss.

Civil Act Article 843 (Provisions Applied Mutatis Mutandis)

Article 806 shall apply mutatis mutandis to liability for damages arising from a judicial divorce.

#Want to know specific information about consolation money?

The client's wife not only committed an affair but also went so far as to leave home.

She even lived off a friend while bringing in a man, and she was caught by the friend and driven out.

In addition, although the client knew of his wife's affair and made efforts to forgive her, the wife did not change.

The Gwangju divorce attorney pointed out that such conduct by the wife became a primary cause of the breakdown of the marriage.

For several months, the client's wife did not come home and continued her acts of unchastity with other men.

The client endured a hellish time, raising the children with the single thought of protecting his family.

In the end, however, the client's wife abandoned the family.

That the client suffered mental anguish as a result of such conduct by the wife was clear by the rule of experience.

On the basis of these circumstances, the Gwangju divorce attorney emphasized that the wife should pay consolation money to the client.

The children were of no concern to the client's wife.

In fact, even during the period when the marriage was maintained, the person who raised the children was the client.

The children were more attached to their father, the client, than to their mother, and were therefore in a more emotionally close relationship with the client.

On the basis of these points, the Gwangju divorce attorney emphasized that the client should become the holder of parental authority and the custodian of the children.

We have introduced the case of a client who, with the help of the Gwangju divorce attorney, won a divorce suit and obtained a large sum in consolation money.

The Gwangju divorce attorney forms a dedicated team of attorneys experienced in divorce litigation and systematically assists with all of a client's divorce procedures.

If you have many concerns regarding a divorce suit, please request a consultation with the Gwangju divorce attorney.