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Family Legal Consultation | Securing Dismissal of a Lawsuit Against the Spouse's Affair Partner Through Legal Consultation

The client who received a family legal consultation was in a situation requiring a response to a lawsuit against the spouse's affair partner. With the assistance of a divorce specialist attorney, the client was able to obtain a result in which all of the plaintiff's claims were dismissed.

1. Family Legal Consultation | The Client's Case

Family legal consultation: a client responding as the defendant in a lawsuit against the spouse's affair partner with a family attorney


The client who sought the assistance of a family attorney through a family legal consultation was in a situation in which a man's spouse had filed a lawsuit claiming damages against the spouse's affair partner.

The client had maintained contact for a certain period with a man she had come to know through an acquaintance, but had not expected that the relationship would escalate into a legal dispute.

In particular, the client was unaware that the man was married.

Subsequently, the man's spouse filed a lawsuit claiming damages, alleging that the client had infringed upon the marital relationship, and the client was placed in a situation requiring a response as the defendant in a lawsuit against the spouse's affair partner.

Feeling the need to review the overall structure of the dispute, the client entrusted the case through a family legal consultation.

2. Family Legal Consultation | Matters of Assistance

During the family legal consultation, the divorce specialist attorney organized the issue structure of the lawsuit against the spouse's affair partner based on the overall flow of the case and prepared a response strategy.

Organizing the Dispute Structure and Issues After Legal Consultation

Based on the facts of the case, the divorce specialist attorney specified the core issues in the claim for damages against the spouse's affair partner as whether an affair was established and whether the affair partner could have known that the other party was married.

This kept the arguments from expanding unnecessarily and clarified the direction of the response more clearly.

Pointing Out Insufficient Proof of an Affair

The divorce specialist attorney emphasized that the materials submitted by the plaintiff's side amounted to nothing more than records of exchanged text messages and could hardly be regarded as evidence sufficient to establish an affair.

The attorney also pointed out the insufficient proof, focusing on the fact that the relationship with the man did not rise to a level that was legally problematic.

Rebutting Awareness of the Marriage and the Scope of Liability

The divorce specialist attorney focused on the fact that the client was unaware of the man's marriage and argued that there was neither intent nor negligence.

In addition, the attorney conducted a legal response centered on the fact that the liability requirements demanded in a lawsuit against the spouse's affair partner were not satisfied.

3. Family Legal Consultation | Result of the Assistance

As a result of proceeding with the case through the family legal consultation, the court dismissed all of the plaintiff's claims for damages.

The court determined that the submitted materials alone made it difficult to establish an affair and that objective evidence to prove it was lacking.

The court also determined that it was difficult to find that the client had been aware of the man's marriage.

Accordingly, all of the plaintiff's claims were dismissed and the litigation costs were also borne entirely by the plaintiff, and the client was able to conclude the case without any obligation to pay consolation money and without bearing an economic or legal burden.

Considerations When Responding to a Lawsuit Against the Spouse's Affair Partner

If a client who requested a family legal consultation to respond to a lawsuit against the spouse's affair partner is married, various issues, including not only consolation money but also divorce, may arise together.

In particular, because disputes such as a claim for damages are not judged on fragmentary facts alone, it is important to set the response direction based on the overall structure.

Item

Main Content

Response Direction

Whether Married

The man's marital status

Determining whether there was awareness

Affair

The degree of the relationship

Response centered on whether it is proven

Intent and Negligence

Possibility of awareness of the marriage

Limitation of liability

Evidence

Text messages, calls, records, and similar

Reviewing the credibility of the evidence


Because a lawsuit against the spouse's affair partner is considered comprehensively based on multiple circumstances rather than individual factors, it is important to systematically organize the facts.

What Issues Can Be Addressed in a Consultation

In a family legal consultation, various legal issues arising in family relationships, not only divorce, can be reviewed together.

In particular, because a single case often expands into multiple issues, a comprehensive consultation is necessary.

Category

Consultation Content

Points to Review

Divorce

Divorce by agreement, judicial divorce, and grounds for divorce

Whether the marriage has broken down

Division of Marital Property

Distribution of the couple's property

Contribution and property formation

Right of Custody and Parental Authority

Raising and protecting the child

Judgment centered on the welfare of the child

Child Support

Calculation and payment of child support

Ability to pay and the applicable criteria

Consolation Money

Claiming and defending against damages

Whether there is liability and its proof

Lawsuit Against the Spouse's Affair Partner

Disputes related to an affair

Awareness of the marriage and evidence

Domestic Violence

Protective orders and response

The facts of the harm and evidence

Inheritance

Inherited property and the legally reserved portion

The inheritance structure and shares

4. Family Legal Consultation | If You Need Assistance?

If you are in a situation requiring a response to a lawsuit against the spouse's affair partner, you may need to comprehensively review not only the affair case but also the family disputes as a whole that may arise from it.

In a divorce dispute, it is important to clearly organize the facts and legal issues at the consultation stage and to design a strategy.

The divorce specialist attorneys of Daeryun Law Firm comprehensively review the client's situation, analyze the overall flow of the case, and provide systematic assistance to prevent the unnecessary expansion of the dispute.

Daeryun, the ninth-ranked law firm in the Republic of Korea (based on 2025 National Tax Service value-added tax filings), provides tailored legal services.

If you need a family legal consultation, 🔗please reserve a legal consultation with a family attorney to confirm a response direction suited to your current situation.

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가정법률상담 | 상간소송 손해배상 청구 기각 사례

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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