Seocho divorce lawyer: “Defendant in incest and alimony lawsuit needs legal assistance to reduce alimony.”

According to the legal community, since the abolition of the adultery law, the number of lawsuits filed by adulterers claiming alimony has increased significantly. In the past, when there was a crime of adultery, it was possible to hold the spouse or other partner who had an affair criminally liable. However, due to the abolition of the crime of adultery, it is interpreted as an attempt to receive monetary compensation for psychological damage through civil damages, such as a lawsuit for alimony for an adulterer (adulterous man, adulterous woman), as a punishment for misconduct.

Seocho divorce lawyer Shim Jae-guk of Daeryun Law Firm said, “Sometimes, the defendant who receives the complaint for incest and indiscriminate damages admits what the plaintiff claims or, conversely, says he is not guilty and does not take legal action even after receiving the complaint.” He added, “In such cases, it can be taken as an intention to pay the entire amount of alimony requested by the other party, so even if the plaintiff’s claim is different from the facts or admits his or her fault, he or she must respond proactively after receiving the complaint in order to reduce the amount of alimony. “It is,” he said.

Defendants in incestuous masturbation data lawsuits generally have cases where: ▽ there was no misconduct, but the plaintiff misunderstood; ▽ there was a meeting, but the other party did not know that he was a married man or a married woman; ▽ there was an act of misconduct, and he knew that the other party was a married man or a married woman.

Regarding this, Attorney Shim said, "If the plaintiff misunderstood even though there was no misconduct, the plaintiff's claim must be dismissed by refuting the evidence presented by the plaintiff. Even if the other party hid the fact that he or she was married, the plaintiff's claim for damages must be dismissed by proving that he or she did not know whether the other party was married."

He went on to explain, “If the other party has announced their intention to divorce or has already claimed the breakdown of their marriage and met, or if there has been cheating and the other party is known to be married, it is better to focus on reducing alimony. Most plaintiffs will request alimony in the range of 30 to 50 million won, but if they secure favorable circumstances by considering the period of cheating and evidence, etc. with a professional legal assistant, a reduction in alimony may be possible.”

For reference, if the plaintiff filing a lawsuit for incestuous masturbation materials comes to the workplace or home to vent his anger, humiliates the person, commits violence, or discloses the person's real name online, he or she may be sued for criminal obstruction of business, defamation, and insult separately from the incestuous masturbation materials lawsuit.

Daeryun Law Firm, which has Seocho divorce lawyer Shim Jae-guk, who provided the help, operates law offices in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju.

Daeryun Law Firm currently provides legal services by lawyers specializing in divorce, domestic affairs, criminal, civil, and bankruptcy law certified by the Korean Bar Association, as well as lawyers who were former deputy chief prosecutors, led by a divorce team that fights various issues such as alimony, property division, custody, child support, and alimony claims for incestuous men and incestuous women.

View original article - https://news.naver.com/main/read.nhn?mode=LSD&mid=sec&sid1=101&oid=016&aid=0001717577