[Favorable Judgment by a Gangnam Divorce Attorney] Evidence of a Husband's Affair Secured With the Help of a Gangnam Divorce Attorney

• Criminal Procedure Act, Article 184 (Request for Preservation of Evidence and Its Procedure)

(1) A prosecutor, defendant, suspect, or defense counsel may, where there are circumstances making it difficult to use evidence unless it is preserved in advance, request a judge to conduct a seizure, search, inspection, examination of a witness, or appraisal even before the first trial date.

(2) A judge who receives the request under the preceding paragraph has the same authority as a court or a presiding judge with respect to that disposition.

(3) In making the request under paragraph (1), the grounds for it shall be substantiated in writing.

(4) An appeal against a decision dismissing the request under paragraph (1) may be filed within 3 days.

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

Either spouse may petition the Family Court for divorce where any of the following grounds exists.

1. Where the spouse has committed an act of infidelity

2. Where the spouse has maliciously deserted the other

3. Where the spouse has been subjected to grossly unfair treatment by the spouse or the spouse's lineal ascendants

4. Where one's own lineal ascendants have been subjected to grossly unfair treatment by the spouse

5. Where it has been unclear for 3 years or more whether the spouse is alive or dead

6. Where any other serious ground exists that makes it difficult to continue the marriage

• Lawsuit Against the Spouse's Affair Partner

◎ Where a Third Party Bears Responsibility for the Breakdown of the Marriage

This may include cases where a parent-in-law, a concubine, or a spouse's adultery partner unduly interferes in the marriage and causes it to break down, or cases where a person is subjected to assault, abuse, or insult by a parent-in-law to a degree that makes continuing the marriage unduly harsh.

▷ Supreme Court, Feb. 27, 2004, 2003Meu1890, among other rulings

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

Consolation money may be claimed from an affair partner who bears responsibility for the breakdown of the marriage, but the following cases fall outside that scope.

■ Where the affair partner could not have known that the client's spouse was married

■ Where the marital relationship had in substance already ended before the affair took place

The Gangnam divorce attorney at Daeryun Law Firm promptly reviewed the circumstances of the case and prepared arguments for the application for preservation of evidence in order to assert the grounds on which the application should be granted.

■ The client confirmed the circumstances of the husband's affair on several occasions through tips from people around her.

■ The client's younger sibling witnessed decisive evidence of the affair by the client's husband, but that evidence was set to be discarded after a certain period.

■ The client intended to pursue a divorce and a damages claim, and proving the infidelity of the client's husband was indispensable to pursuing that litigation.

Arguing as above before the court, the Gangnam divorce attorney at Daeryun Law Firm requested that the application for preservation of evidence be granted.