CONTENTS
- 1. Adultery Divorce Litigation | The Account of the Client Against Whom the Suit Was Brought
- - The Client's Account
- 2. Adultery Divorce Litigation | Related Information
- 3. Adultery Divorce Litigation | Assistance to the Client
- - The Other Party's Misconduct
- - The Client's Efforts to Resolve the Conflict
- - The Client's Support of the Children
- 4. Adultery Divorce Litigation | Result of the Assistance
- - If You Are Faced With Adultery Divorce Litigation
1. Adultery Divorce Litigation | The Account of the Client Against Whom the Suit Was Brought
The client, who was facing adultery divorce litigation, wanted to keep the family together and maintain the marriage by all means, but instead the other party who had committed adultery was the one who filed for divorce.
The client therefore requested an attorney's assistance in order to resolve the matter with legal help.
The Client's Account
The client had been married for more than 20 years and was living with one adult child and one minor child.
One day, the client found circumstances on the spouse's phone that clearly suggested an affair and asked the spouse for an explanation.
However, the spouse became even more angry that the client had secretly looked at the phone and put forward the logic that this was a ground for divorce.
Even more angered by the other party's brazen attitude, the client pressed the spouse more strongly, whereupon the spouse left home, lived separately, and filed for divorce a short time later.
However, because a demand for divorce by an at-fault spouse is generally not recognized under the law, the other party's suit was dismissed in both the first and second instances.
Even so, the other party still did not return home and filed a final appeal, and the client, following the first and second instances, requested an attorney's assistance.
2. Adultery Divorce Litigation | Related Information
Under the law of our country, a spouse who bears the primary responsibility for the breakdown of the marriage cannot, in principle, claim a divorce on the ground of that breakdown, and even if such a claim is made, it is dismissed in most cases.
Exceptionally, a divorce may be recognized only where the actual marital life has already completely broken down, or where the other party also has no intention of maintaining the marriage but refuses to consent to the divorce out of spite or a vindictive feeling.
Examples Recognized as an At-Fault Spouse
✅An affair or adultery
✅Verbal abuse and physical violence
✅Desertion of the home
✅Confinement due to a crime
✅Gambling, alcohol addiction, and the like
For this reason, if the other party, who is the at-fault spouse, is instead demanding a divorce but you have no intention whatsoever of divorcing, it is important to prove this well in legal terms.
Usually, by the time matters reach this point, 🔗divorce by agreement or 🔗divorce by conciliation has often already broken down, so it is important to make proper arguments in a judicial divorce.
For this purpose, it can be helpful to receive help from an attorney with knowledge of relevant cases and laws.
3. Adultery Divorce Litigation | Assistance to the Client
The attorney in this case rebutted the other party's arguments, centering on the arguments made in the first and second instances, and emphasized that the dismissal in the original judgment was not unjust.
The Other Party's Misconduct
The other party downplayed the cause of this lawsuit, claiming that he had never committed adultery and that the marriage had broken down simply because of the client's disposition.
However, although the other party had made the same arguments in the first and second instances, they were not accepted.
The attorney emphasized that the fact that the other party was an at-fault spouse who had committed misconduct should not be downplayed or overlooked.
The Client's Efforts to Resolve the Conflict
When the client became angry and pressed the other party about the adultery, the other party left home and began living separately.
The client afterward, thinking of the children, apologized for having become angry and made efforts to resolve the conflict, asking that they keep the family together.
The attorney emphasized that the client was making efforts to maintain the family.
The Client's Support of the Children
After the other party began living separately without any consultation, the client was bearing the living expenses alone, including supporting the minor child on their own and paying the adult child's tuition.
Accordingly, the attorney emphasized that the division of marital property and the divorce that the other party was demanding all had little basis.
4. Adultery Divorce Litigation | Result of the Assistance
The Supreme Court, accepting the attorney's arguments, dismissed the other party's final appeal, and the client ultimately avoided the unfortunate outcome of divorce and was able to keep the family together.
If You Are Faced With Adultery Divorce Litigation
As in this case, even if the at-fault spouse demands a divorce, if you wish to maintain the marital relationship, proper legal review and argument are needed in order to have this recognized in law.
It is important to establish a response strategy suited to the situation based on an analysis of relevant precedents and legal principles.
Daeryun Law Firm analyzes cases from multiple angles and provides response strategies, centered on attorneys experienced in divorce litigation.
If you are in a situation requiring a response in connection with a divorce claim by an at-fault spouse, please confirm a response strategy suited to your current situation through a 🔗divorce attorney legal consultation booking.
Daeryun provides trust-based legal services.
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This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
