Divorce Specialist Attorney Consultation | A Divorce Specialist Attorney Who Secured Dismissal by Assisting the Defendant in a Lawsuit Against the Adulterous Partner

The divorce attorney organized, in chronological order, the circumstances in which the client came to meet the other party, the fact that the other party had introduced himself as unmarried during their relationship, and the fact that there had been no circumstances whatsoever to suggest that he was married through their communications or meetings.

On this basis, the attorney argued that the client had acted without intent or even negligence and that no tort was established in this case.

Through the consultation, the divorce attorney carefully reviewed the messenger records and contact history and strongly emphasized the fact that the other party had concealed his marital status.

The plaintiff's side argued that the marital status could have been sufficiently ascertained from family photographs posted on the husband's social media account.

In response, the divorce attorney, after a careful review of the messenger records, the social media screens, and the contact history, proved through evidence, with the assistance of the Evidence Investigation Center, that the other party's social media account had been set to private throughout the entire period of the relationship and that the client had never even installed that application.

In other words, the client had no means whatsoever of viewing the posts in question.

A lawsuit by an aggrieved spouse is a civil action in which compensation for emotional harm is sought where the marital relationship is found to have been infringed by a spouse's infidelity.

It is conducted primarily on the basis of the tort liability provision in Article 750 of the Civil Act, and the central issue is whether harm was caused to another through intent or negligence.

In a lawsuit by an aggrieved spouse, liability is not recognized on the basis of the relationship alone.

A key consideration is whether the person knew that the other party was married, or whether the person continued the relationship even though this could sufficiently have been known.

Another central issue in such a lawsuit is whether the marriage was in fact being maintained normally at the time of the infidelity, or whether the marital relationship had already, in substance, broken down before the defendant's conduct.

If the marriage had already broken down before the infidelity, liability for damages may not be recognized.

In addition, caution is warranted, as whether the spouse suffered emotional distress as a result of the infidelity is also subject to legal determination.

As in the case involving a consultation with a divorce attorney, being identified as an adulterous partner does not in itself give rise to liability for damages.

However, a single misstep in the response can lead to an unfavorable outcome.

In actual cases, the court conducts a comprehensive review of whether the person knew of the other party's marriage, how the relationship came about, and how the person responded afterward.

In particular, deleting messenger records or making emotional contact during the early stages of the response may instead work to one's disadvantage, so caution is required.

Daeryun, the ninth-largest law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), assists in resolving cases through systematic strategies, collaborating with legal experts across various fields as well as with its Evidence Investigation Center and Digital Forensics Center.

If you find yourself in a situation requiring assistance, as the client in the case involving a consultation with a divorce attorney did, we encourage you to proceed with a 🔗legal consultation booking.