Yongsan Divorce Litigation Attorney | Yongsan Divorce Litigation Attorney Who Obtained the Full Amount of Consolation Money Claimed Against an Adulterous Wife

2025.01.20김국일

The Yongsan Divorce Litigation Attorney represented a client who came in stating that his wife had committed adultery. The Yongsan Divorce Litigation Attorney filed the lawsuit and obtained a judgment granting the full amount of consolation money.

1. The Client's Situation

The client explained that he intended to file for divorce against his wife.

The client explained that his wife had had an affair a year earlier, that he had forgiven her, and that he was pursuing a lawsuit against the affair partner,

but that, unable to tolerate it any longer after his wife recently had an affair with yet another person, he had decided that he must file for divorce.

The client and his wife also had young children. The matter came to light when the children, playing with their mother's phone, saw a video in the gallery.

That video showed the wife having sexual intercourse with another man. The client explained that, through the divorce lawsuit, he wished to obtain not only a divorce judgment but also consolation money, custody, and child support.

The attorney decided to take on the divorce lawsuit at the client's request.

2. Divorce Litigation as Explained by the Yongsan Divorce Litigation Attorney

The client stated that he intended to file a divorce lawsuit. Among the procedures for divorce, litigation is the most time-consuming, costly, and demanding.

If the conditions of the divorce and other matters have been agreed upon before litigation, the parties may pursue a divorce by agreement. If there is some agreement but mediation is needed, the parties may go through divorce by mediation,

and if no settlement is reached even after going through all of that, the option to consider is a divorce lawsuit, that is, the 🔗Judicial Divorce Procedure.

A judicial divorce proceeds through the following steps.

Filing of the complaint ▶ Designation of the date for preparation of pleadings ▶ Date for pleadings ▶ Pronouncement of judgment ▶ Finality of judgment, divorce report

In addition, to pursue a judicial divorce, one of the following grounds must exist for the procedure to proceed.

Article 840 of the Civil Act (Grounds for Judicial Divorce)

Either spouse may file a claim for divorce with the Family Court in any of the following cases.

1. If the other spouse has committed an act of infidelity

2. If one spouse has been maliciously deserted by the other spouse

3. If one spouse has been extremely maltreated by the other spouse or the other spouse's lineal ascendants

4. If one spouse's own lineal ascendant has been extremely maltreated by the other spouse

5. If the death or survival of the other spouse has been unknown for three years or more

6. If there is any other serious cause making it difficult to continue the marriage

3. The Divorce Lawsuit Filed by the Yongsan Divorce Litigation Attorney

The Yongsan Divorce Litigation Attorney filed the divorce lawsuit for the client, emphasizing the following points.

The Grounds for Divorce of the Yongsan Divorce Litigation Attorney's Client

The wife of the Yongsan Divorce Litigation Attorney's client committed an act of infidelity a year earlier and, despite having been forgiven once, committed infidelity again.

The client's wife committed an act of infidelity, which is the first ground for divorce under Article 840 of the Civil Act, and the client became wholly unable to trust his wife, who repeatedly engaged in infidelity.

The marital relationship between the client and his wife has already broken down beyond repair, and because a serious cause making it difficult to continue the marriage under Article 840, subparagraph 6, of the Civil Act exists, the divorce lawsuit is filed.

The Claims of the Yongsan Divorce Litigation Attorney's Client

In filing the client's divorce lawsuit, the Yongsan Divorce Litigation Attorney sought the following.

1. The plaintiff and the defendant shall divorce.

2. The defendant shall pay the plaintiff 30,000,000 won as consolation money, together with an amount calculated at the rate of 12% per annum until the date of full payment.

3. The plaintiff shall be designated as the person with parental authority and the custodian of the children at issue.

4. The defendant shall pay the plaintiff, as child support for the children at issue, 600,000 won per child each month on the last day of each month until the day before the children at issue reach the age of majority.

5. The costs of the lawsuit shall be borne by the defendant.

The plaintiff seeks a judgment to this effect.

4. The Judgment Obtained by the Yongsan Divorce Litigation Attorney

After hearing the Yongsan Divorce Litigation Attorney, the court issued a judgment granting all of the claims in the client's case.

With the assistance of the Yongsan Divorce Litigation Attorney, the client obtained the consolation money, custody, and child support in full, achieving the result he sought in the divorce lawsuit.

If you need help with a divorce lawsuit, as the client in this case did, you may obtain an 🔗Attorney Referral at any time to request assistance.

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This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
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