Daeryun Law Firm requires the assistance of a divorce lawyer for ‘alimony claims’ against spouses who have had an affair.

On the 31st, the Jinju Branch of the Changwon District Court ruled in favor of the plaintiff in a lawsuit claiming alimony for an adulterer, ordering the defendant to pay 15 million won in compensation. A lawsuit claiming alimony for an adulterer is a claim for alimony by holding the husband and wife responsible for the breakdown of the marriage due to the spouse's extramarital affair.

With the abolition of the adultery law in 2015, it is no longer possible to criminally punish an adulterous spouse and an adulterer, so the number of lawsuits claiming damages through adulterous lawsuits, which can resolve the problem civilly, is increasing.

According to industry experts, there are three main types of lawsuits for alimony claims for incest. △ You can request alimony from the person with whom you had an affair with your spouse along with a divorce suit, or △ you can request alimony from the person with whom you had an affair after divorcing your spouse. If you decide to remain married, you can claim alimony only against the person responsible for the affair. However, since it is a claim for damages arising from an illegal act, responsibility for the defendant's illegal act must be proven.

Divorce lawyer Shim Jae-guk of Daeryun Law Firm, who acted as the plaintiff's attorney at the time, advised, "A lawsuit claiming incest and incontinence data is a lawsuit seeking mental damages. Therefore, if intent is not proven or there is no conclusive evidence, the lawsuit may be dismissed. If the lawsuit is dismissed, the lawsuit cannot be filed again for the same reason, so rather than reacting hastily, it is better to proceed after sufficient discussion based on the legal knowledge of a professional lawyer."

He added, "Sometimes, clients preparing for incest lawsuits collect evidence illegally by installing location trackers or recorders in their spouse's workplace or vehicle. If evidence is collected using illegal methods, the incest person may be subject to criminal punishment and civil liability for damages in the future for illegal acts, so it is necessary to respond strategically with the help of a divorce lawyer from the beginning."

Meanwhile, Daeryun Law Firm operates a divorce team comprised of lawyers who have completed registration in the domestic affairs and divorce specialty field recognized by the Korean Bar Association. The divorce team provides legal services in the overall field of divorce, including divorce litigation, alimony claim litigation, custody, child support, and property division, including litigation procedures and issues during divorce, divorce and domestic affairs litigation representation, and customized confidential counseling.

Dailyan Reporter Kim Yun-seong (kimys@dailian.co.kr)

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