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Q

Is it necessary to collect evidence before proceeding with a lawsuit against the adulterous partner?

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I am considering divorce because of my husband's infidelity. I am planning to file a lawsuit against the adulterous partner, and when I searched online, it said that collecting evidence is important. I have a certain amount of text messages, call records, and photographs, but I am not sure whether these are sufficient. Do I absolutely have to collect evidence before formally beginning the lawsuit? I would appreciate a prompt reply.

Collection of evidence

Examination of evidence

A

Answer to Related Inquiry

In a lawsuit against the adulterous partner, the collection of evidence is very important.

The court determines whether an act of infidelity actually occurred, and whether the adulterous partner was aware of it, and on that basis it judges whether consolation money (solatium) liability exists.

Therefore, the plaintiff must submit specific and objective evidence that can prove the act of infidelity.

Evidence that is generally recognized includes call records and recordings, credit card usage histories and receipts, and vehicle dashcam and navigation records, and the like.

Mere circumstances are not enough, and you must be able to prove a sexual act or an intimate relationship equivalent to such an act.

In addition, during the process of collecting evidence, methods that may constitute illegal eavesdropping or an invasion of privacy may instead bring about a disadvantage to you.

Therefore, you must necessarily collect evidence in a manner that is legally recognized.

It is advisable, through the assistance of an attorney specializing in this area, to determine in advance which materials can be recognized as legal evidence, and to strategically prepare the litigation procedures.

As this is a case in which emotions can easily become involved, please note that, through professional assistance, securing objective and lawful evidence is the key point.

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Attorney EunYoung Kim

EunYoung Kim

T. 070-5117-2950

Prosecutor experience at Seoul Southern District Prosecutors’ Office and Uijeongbu District Prosecutors’ Office

Attorney HyeonSu KIM

HyeonSu KIM

T. 070-7510-2018

Attorney specializing in evidence investigation

Attorney HyeonJi LEE

HyeonJi LEE

T. 070-7510-1755

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Attorney JeongKoo PARK

JeongKoo PARK

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Attorney KangIl LEE

KangIl LEE

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Attorney specializing in evidence investigation

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