Divorce suit based on incest and masturbation, lost if the fact of cheating cannot be proven

[The Power = Reporter Choi Byeong-soo] Infidelity refers to any act that violates the duty of chastity that a couple must maintain, in addition to a physical relationship with someone other than their spouse. Since the crime of adultery has been abolished, criminal punishment is impossible for those who have intercourse with their spouse, but it is grounds for divorce under Article 840 of the Civil Code and at the same time, liability for damages follows.

A lawsuit for incest and incest is a lawsuit in which alimony is claimed when the marital relationship breaks down or mental damage is suffered due to extramarital affairs between a spouse and an incestuous person, and it must be possible to prove that the incestuous person committed an act of misconduct while knowing that he or she was married.

Unlike past adultery crimes, evidence of adultery does not necessarily require sexual intercourse, and is diverse, including text messages that can be assumed to be a romantic relationship, records of entering and exiting lodging facilities, CCTV, card receipts, vehicle black boxes, recordings, KakaoTalk conversations, and accompanying immigration records.

Evidence must be collected legally. This is because if you collect evidence illegally, go to the workplace of an adulterous man or woman out of anger, use violence, or reveal the affair, you may be counter-sued for defamation or assault.

If necessary, in the case of evidence of an affair, it is necessary to file a separate application for evidence preservation because the possibility of the spouse or adulterer destroying the evidence before collection cannot be ruled out. This is a preemptive measure to ensure that a normal evidence investigation can take place.

Because it requires clear proof and the collection of evidence through legal methods, it is also necessary to identify and apply for evidence preservation in detail.

The statute of limitations for an incestuous incest lawsuit is that the lawsuit must be filed within 3 years from the date of learning of the spouse's affair and 10 years from the date of the illegal act. The amount of alimony in case of victory varies depending on the case, but is usually set in the range of 10 million to 30 million won.

Attorney Kwon Min-kyung of Daeryun Law Firm (Yuhan) advised, “In a lawsuit claiming alimony for an adulterer, in addition to simple evidence of infidelity, it is necessary to objectively prove that the person committed the act of infidelity despite knowing that he or she was married. Since there are many cases where the person denies the act of infidelity, a delicate strategy is needed, so you should seek the assistance of a divorce lawyer.”

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