Do I have to get divorced to file an adultery partner lawsuit?

Just because the spouse and a third party committed adultery does not necessarily mean you must divorce.

There are many cases where divorce is not desired due to child custody or economic reasons.

However, an adultery partner lawsuit can be filed regardless of divorce.

That is, even without divorcing your spouse, you can claim consolation money from a third party through an adultery partner lawsuit.

The right to claim consolation money in an adultery partner lawsuit must be filed within 3 years from the date of becoming aware of the damage or the perpetrator.

Here, "the day of becoming aware of the damage or the perpetrator" means the day on which the victim or their legal representative specifically recognized the perpetrator's tort and the resulting damage.

Simply having damage occur or having doubts is not enough; you must recognize the existence of the tort, the resulting damage, and the causal relationship to be recognized as having "become aware."

When proceeding with an adultery partner lawsuit, the point to be careful about is securing sufficient evidence of the adultery.

If evidence is insufficient, it is difficult to lead the lawsuit favorably, so it is important to thoroughly prepare related evidence.