Adultery Divorce Litigation Assistance | Case Leading to Dismissal of a Divorce Claim by the At-Fault Spouse

The client had been married for more than 20 years and was living with one adult child and one minor child.

One day, the client found circumstances on the spouse's phone that clearly suggested an affair and asked the spouse for an explanation.

However, the spouse became even more angry that the client had secretly looked at the phone and put forward the logic that this was a ground for divorce.

Even more angered by the other party's brazen attitude, the client pressed the spouse more strongly, whereupon the spouse left home, lived separately, and filed for divorce a short time later.

However, because a demand for divorce by an at-fault spouse is generally not recognized under the law, the other party's suit was dismissed in both the first and second instances.

Even so, the other party still did not return home and filed a final appeal, and the client, following the first and second instances, requested an attorney's assistance.

The other party downplayed the cause of this lawsuit, claiming that he had never committed adultery and that the marriage had broken down simply because of the client's disposition.

However, although the other party had made the same arguments in the first and second instances, they were not accepted.

The attorney emphasized that the fact that the other party was an at-fault spouse who had committed misconduct should not be downplayed or overlooked.

When the client became angry and pressed the other party about the adultery, the other party left home and began living separately.

The client afterward, thinking of the children, apologized for having become angry and made efforts to resolve the conflict, asking that they keep the family together.

The attorney emphasized that the client was making efforts to maintain the family.

After the other party began living separately without any consultation, the client was bearing the living expenses alone, including supporting the minor child on their own and paying the adult child's tuition.

Accordingly, the attorney emphasized that the division of marital property and the divorce that the other party was demanding all had little basis.

As in this case, even if the at-fault spouse demands a divorce, if you wish to maintain the marital relationship, proper legal review and argument are needed in order to have this recognized in law.

It is important to establish a response strategy suited to the situation based on an analysis of relevant precedents and legal principles.

Daeryun Law Firm analyzes cases from multiple angles and provides response strategies, centered on attorneys experienced in divorce litigation.

If you are in a situation requiring a response in connection with a divorce claim by an at-fault spouse, please confirm a response strategy suited to your current situation through a 🔗divorce attorney legal consultation booking.

Daeryun provides trust-based legal services.