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I am about to prepare for divorce litigation... Please help me.

My husband had an affair, and after enduring it for so long, I am trying to start preparing for divorce litigation. Because we have a daughter, I have pretended not to know until now, but I simply cannot go on any longer. I really want to raise our child myself, but I have no information about divorce litigation, so I am at a loss as to how to prepare. Is there anyone who could help me?

preparing for divorce litigation

Answer to Related Inquiry

Author: 김국일

Hello. This is a divorce attorney at Daeryun Law LLC.

If your husband has had an affair, the fault lies with him, so you can file for divorce litigation and proceed with the process.

The issue of child custody is decided by the court after comprehensively considering the caregiving environment, the parents' will and ability to raise the child, and the child's welfare.

If you can prove that you have been the primary caregiver for your child so far and that you can continue to provide a stable caregiving environment, there is a high likelihood that you will raise your daughter yourself.

At this point, it is advisable to prepare in advance materials that can prove your income, housing environment, and bond with the child.

The division of marital property is also an important issue. In principle, property formed during the marriage is divided according to each party's contribution, and this can proceed separately from a claim for consolation money.

Therefore, a strategy that accurately identifies the details of the property and considers the division of marital property and the claim for consolation money together is necessary.

Also, if you are preparing for divorce litigation because of your husband's infidelity, you may file a lawsuit not only for divorce but also against the third party involved to claim consolation money.

However, the most important thing in this process is securing evidence.

You must have materials that can objectively prove your spouse's infidelity in order to be recognized favorably at trial.

For example, records of entry to lodging establishments, messenger conversations, photographs, and call records fall into this category.

Divorce litigation involves emotional conflict together with legal procedures, so preparing for it alone is quite burdensome.

It is advantageous to consult an expert early and establish a strategy, and the more a case involves custody, division of marital property, and claims for consolation money intertwined, the more the assistance of an attorney is needed.

At Daeryun Law LLC, divorce attorneys with ample experience in divorce cases personally handle everything from the consultation to preparation for divorce litigation and the actual lawsuit, protecting our clients' rights and interests.

If you share the specific circumstances through a consultation, we will guide you through a tailored response strategy.