If I committed adultery, must I divorce when my spouse demands an adultery divorce?

Hello. I am a divorce specialized attorney at Daeryun Law Firm with extensive experience in resolving adultery divorce cases.

Adultery falls under "improper conduct," which is one of the "judicial grounds for divorce" under the Civil Act.

Therefore, if the fact of adultery is clear and there is evidence for it, divorce is possible through litigation even if the other party does not want to divorce.

However, divorce is not unconditionally recognized just because of adultery.

The court comprehensively judges the degree of improper conduct, the responsibility for the breakdown of the marriage, and whether the marital life can substantially continue.

For example, if the marital relationship has been maintained even after the adultery, the court may not consider the marriage to have completely broken down.

Therefore, if you are sued for adultery divorce, you need specific evidence to prove that the adultery did not occur, that the period was short, or that the disadvantages of divorce would be significant.

At the same time, a strategy to minimize your own responsibility is also important.

Various forms of materials such as KakaoTalk, text messages, photos, and recordings can be used as evidence.

If possible, it is good to receive consultation from our firm's specialized attorney to review in advance how the adultery divorce result will be handed down in court.

If you have more questions about adultery divorce, please feel free to visit Daeryun's nearby main and branch offices.