[Seoul Civil Litigation Attorney Success Case] Evidence Collected with the Assistance of a Seoul Civil Litigation Attorney

Grounds for Judicial Divorce

• Civil Act Article 840

1. Where the spouse has committed an act of infidelity

2. Where the spouse has maliciously deserted the other party

3. Where one has been subjected to grossly unfair treatment by the spouse or the spouse's lineal ascendants

4. Where one's own lineal ascendants have been subjected to grossly unfair treatment by the spouse

5. Where it has been unclear for 3 years or more whether the spouse is alive or dead

6. Where there is any other serious cause that makes it difficult to continue the marriage

• Civil Act Article 841

The ground under subparagraph 1 (where the spouse has committed an act of infidelity) may not be invoked to seek divorce where the other party gave prior consent or subsequent forgiveness, or after the lapse of 6 months from the date the party became aware of it, or of 2 years from the date the ground arose.

Divorce Litigation CHECK LIST

• Spouse's refusal to divorce : proof that grounds for judicial divorce are established
• Division of marital property : proof of contribution to the marital joint property
• Consolation money : proof of breakdown of the marriage due to one party's fault
• Minor children : settling the position on designation of parental authority and custody, and determining the terms of child support and visitation

The client in this case, who came to a Seoul civil litigation attorney, had been living a peaceful family life with the spouse and child.

Recently, however, the client came to suspect an affair because of the spouse's late returns home and frequent weekend outings.

While finding the spouse's behavior odd, the client happened to learn that the spouse had visited a hotel with the affair partner.

Because the retention period for the hotel CCTV, a strong piece of evidence proving the spouse's affair, was not long, the client and Daeryun's Seoul civil litigation attorney decided to promptly apply for preservation of evidence regarding the hotel's CCTV footage.

Out of consideration for the child, the client decided to hold off on civil litigation such as a divorce action and an action against the affair partner, and requested the help of Daeryun's Seoul civil litigation attorney in order to prepare for the future.

First, Daeryun's Seoul civil litigation attorney identified the name and location of the hotel presumed to have been visited by the client's spouse and the affair partner.

Daeryun Law Firm's Seoul civil litigation attorney then requested that the court grant a decision on preservation of evidence, explaining that the client had discovered decisive evidence relating to the affair divorce action but that it was at risk of being deleted.

The attorney also requested preservation of the CCTV footage from the entrance of the residence where the client, the spouse, and the child were living together, thereby also securing evidence for the civil litigation regarding the period before and after the act in question.