Legal Q&A
Q
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My husband had an affair with an employee at his company. I found out a little while ago, and my husband begged me for forgiveness, saying he was sorry. Because my husband apologized and we have children, I do not want to divorce him. I just want to proceed with a lawsuit against the spouse's affair partner against that female employee. Do I really have to get divorced in order to proceed with such a lawsuit? If I do not divorce, can I not sue?
lawsuit against the spouse's affair partner
lawsuit against the adulterous partner (female)
Answer
Published:
Author : Kuk Il KIM
The fact that a spouse and a third party committed a wrongful act does not necessarily mean that you must get divorced.
There are also many cases in which a person does not want a divorce for reasons such as child-rearing or financial considerations.
However, a lawsuit against the spouse's affair partner can be filed regardless of whether you divorce.
In other words, even if you do not divorce your spouse, you can claim consolation money from the third party through a lawsuit against the spouse's affair partner.
In a lawsuit against the spouse's affair partner, the right to claim consolation money must be exercised within three years from the day on which you became aware of the damage and the wrongdoer.
Here, 'the day on which one became aware of the damage and the wrongdoer' means the day on which the victim or the victim's legal representative specifically recognized the wrongdoer's tort and the damage resulting from it.
Merely that damage occurred or that one had a suspicion is not sufficient; one must recognize the existence of the tort, the damage resulting from it, and the causal relationship in order for it to be acknowledged as the 'day of awareness.'
A point to be careful about when proceeding with a lawsuit against the spouse's affair partner is securing sufficient evidence of the wrongful act.
Because it is difficult to lead the lawsuit favorably if the evidence is insufficient, it is important to prepare the relevant evidence thoroughly.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

Soyeong GWAK
T. 070-5221-2805
Experience as Member of the Ministry of Gender Equality and Family Policy Advisory Committee · Divorce/School Violence Law Attorney
Key Case Results
MoreA Client Who Won the Female Affair Partner Lawsuit and Obtained a Large Award of Consolation Money With Daeryun's Assistance
Gwangju Attorney Prevails in a Lawsuit Against a Spouse's Affair Partner with the Help of the Evidence Investigation Center
Namyangju Attorney Secures the Return of the Male Affair Partner's Settlement Money Plus Delay Damages
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