CONTENTS
- 1. The Story of the Common-Law Marriage Attorney's Client
- - The Client Who Was Sued for Damages
- 2. The Damages Lawsuit Explained by a Common-Law Marriage Attorney
- 3. The Common-Law Marriage Attorney's Assistance to the Client
- - The Common-Law Marriage That Had Already Ended
- - The Other Party's Violent Conduct
- - That There Was No Infidelity
- 4. Result of the Common-Law Marriage Attorney's Argument
- - If You Have Been Sued for Damages Over the Breakdown of a Common-Law Marriage
1. The Story of the Common-Law Marriage Attorney's Client
The client of the de facto marriage attorney had a de facto marriage spouse, but the marital relationship had ended after a period of separation, so the client began seeing another partner. The spouse then filed a claim for damages, alleging that this constituted an act of infidelity.
Facing difficulty as a result, the client sought help from an attorney with expertise in matters related to de facto marriage in order to pursue a legal response.
The Client Who Was Sued for Damages
The client had held a wedding ceremony with a former common-law spouse but had not registered the marriage.
However, the two came into severe conflict immediately after the wedding ceremony and began living separately not long afterward.
When the separation continued for more than six months, the client, believing that the common-law relationship had effectively ended, began a relationship with a new person.
However, the other party, who belatedly learned of this, came to the client and engaged in violent conduct, such as committing assault and destroying the client's home.
The other party even claimed damages on the ground of the dissolution of the common-law marriage, alleging that the client had committed an act of infidelity.
In response, the client also sought to respond legally and asked for help from an attorney with experience and expertise in matters relating to common-law marriage.
2. The Damages Lawsuit Explained by a Common-Law Marriage Attorney
The lawsuit brought against the client is a lawsuit for damages holding one party responsible for the breakdown of the marriage due to that party's infidelity, and it is a type of civil lawsuit commonly also referred to as a lawsuit against the adulterous partner (female/male).
However, because the client was not a legally married couple who had completed a marriage report, 🔗dissolution of a common-law marriage or its breakdown may also become a legal issue here.
A common-law marriage is not a legal marriage relationship, but if the parties have in substance maintained a marital relationship, a status similar to that of a legally married couple may be recognized, and this becomes an important factor for consideration.
If a common-law marriage relationship is recognized and the common-law marriage later breaks down due to infidelity, then proving the causal relationship that the infidelity was the cause of the breakdown of the common-law marriage may become another important issue.
Where a common-law spouse has committed an act of infidelity
Where a common-law spouse has maliciously abandoned the other party
Where a person has received grossly unfair treatment from a common-law spouse or that spouse's lineal ascendants
In this way, in a lawsuit for damages related to a common-law marriage, properly proving the other party's fault can have a significant effect on the judgment, so it is important to seek help from a specialized attorney for this purpose.
3. The Common-Law Marriage Attorney's Assistance to the Client
The de facto marriage attorney conducted a detailed interview with the client and then carefully gathered evidence on the issues and presented the argument.
The Common-Law Marriage That Had Already Ended
The client had failed to resolve the conflict with the client's former de facto spouse and began living separately, and six months had passed, during which the other party had also made no particular effort to restore the relationship.
The de facto marriage attorney emphasized that the client's de facto marital relationship had already reached the level of dissolution and that neither party had made any effort to restore the marital relationship.
The Other Party's Violent Conduct
Whenever there was conflict between them, the client's former de facto spouse would raise his voice and use abusive language, exhibiting violent tendencies, and unable to endure this, the client entered into separation.
The de facto marriage attorney emphasized that the cause of the de facto marriage breakdown in the first place was, to a significant extent, attributable to the other party's fault.
That There Was No Infidelity
The partner the client later met was, from the outset, unaware that the client was in a de facto marital relationship.
The de facto marriage attorney argued that the client, regarding the de facto marriage as having already reached the level of dissolution, did not intentionally conceal this while dating, and that therefore the act of infidelity itself was not established.
4. Result of the Common-Law Marriage Attorney's Argument
The court, accepting the common-law marriage attorney's argument, issued a judgment ordering a reduction of approximately 20 million won from the amount claimed by the plaintiff.
If You Have Been Sued for Damages Over the Breakdown of a Common-Law Marriage
As in the client’s situation, if you are sued for damages on the ground that you committed an act of infidelity during a de facto marriage, the issues are complex, because it is necessary to accurately assess the existence of the de facto marital relationship itself and then examine the grounds for fault.
This requires the detailed collection and review of evidence together with the corresponding legal review, so the help of a specialized attorney can be crucial.
At Daeryun Law Firm, comprehensive assistance is provided ranging from the dissolution of a de facto marriage to the claims for damages arising from it.
If you are concerned about a matter such as the dissolution of a de facto marriage, you may seek help through a 🔗legal consultation appointment.
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.
