Adultery Partner Lawsuit Attorney Assistance Case | The Adultery Partner Lawsuit Client Secured Evidence of the Affair

The circumstances of the matter, as ascertained by the attorney handling the lawsuit against the spouse's affair partner through a thorough consultation with the client, were as follows.

The client and the spouse were a weekend couple living apart during the week.

The spouse mainly came to the client's residence where the children were, and the client came to visit the spouse's residence for the first time in a while.

However, at the spouse's residence, items such as contraceptives and women's products, which could serve as evidence suggesting infidelity, were discovered.

However, the spouse denied it, claiming there had been no infidelity.

Thinking of the children, the client decided to consider divorce at a later time, and first wished to secure definite evidence of the infidelity and proceed with a lawsuit against the spouse's affair partner.

This is why the client came to the attorney handling the lawsuit against the spouse's affair partner.

A lawsuit against the spouse's affair partner refers to a lawsuit seeking damages for emotional distress against the affair partner who engaged in an act of infidelity with one's spouse.

When the marital relationship breaks down due to the act of infidelity between the affair partner and the spouse, damages may be claimed for the resulting emotional harm.

However, a lawsuit against the spouse's affair partner cannot proceed on the basis of mere suspicion, and objective evidence of the affair that can prove the act of infidelity is required.

Other points to note when filing a lawsuit against the spouse's affair partner are as follows.

■ Criminal Procedure Act Article 184 (Request for Preservation of Evidence and Its Procedure)

(1) A prosecutor, the defendant, a suspect, or defense counsel may, where there are circumstances that make it difficult to use evidence unless it is preserved in advance, request a judge to conduct a seizure, search, inspection, examination of a witness, or expert appraisal even before the first trial date.

(2) A judge who has received the request under the preceding paragraph has the same authority as the court or the presiding judge with respect to that disposition.

(3) In making the request under paragraph (1), the grounds shall be substantiated in writing.

(4) An appeal against a court order (interlocutory appeal) against a decision dismissing the request under paragraph (1) may be filed within three days.

The lawyer handling the lawsuit against the spouse's affair partner closely examined the facts relating to the case and provided assistance in order to secure key evidence.

It was subsequently established that the client's spouse had visited a hotel together with the female affair partner.

So that objective evidence could be submitted in the course of the lawsuit against the spouse's affair partner, the adultery litigation attorney decided, with respect to the CCTV of the hotel and the CCTV at the spouse's residence, to file an application for preservation of evidence.

The attorney provided assistance by setting out the reasons and the facts in specific detail in the application, so that it would be granted.

Having promptly secured evidence through the swift judgment of the lawyer handling the lawsuit against the spouse's affair partner, the client came to hold a favorable position in the lawsuit against the spouse's affair partner that lay ahead.

An application for preservation of evidence requires that the purpose and grounds of the application be clearly substantiated.

In addition, factors such as smooth communication with the client during the application process also play an important role.

If you wish to secure decisive evidence and take a favorable position in a situation similar to that of the client, please entrust your case to us through a 🔗legal consultation appointment.