In a case of infidelity, if the other party demands a divorce due to infidelity, must a divorce necessarily take place?

Hello. This is a divorce attorney at Daeryun Law Firm, with much experience in resolving divorce cases involving infidelity.

Under the Civil Act, infidelity constitutes an act of misconduct, which is one of the 'grounds for judicial divorce.'

Therefore, if the fact of infidelity is clear and there is evidence of it, a divorce through litigation is possible even if the other party does not want a divorce.

However, the fact of having committed infidelity does not mean that a divorce is unconditionally recognized.

The court comprehensively judges the degree of the misconduct, where the responsibility for the breakdown of the marriage lies, and whether the marriage is in a state where it cannot substantially be maintained.

For example, if the marital relationship was maintained even after the infidelity, the court may not regard the marital relationship as having completely broken down.

Therefore, if you are subjected to a divorce lawsuit based on infidelity, specific evidence is needed that can prove that there was no infidelity, that its period was short, or that the disadvantage upon divorce would be great.

At the same time, a strategy that can minimize your own responsibility is also important.

Various forms of materials, such as KakaoTalk, text messages, photographs, and recordings, may be used as evidence.

If possible, it is advisable to receive a consultation with a specialized attorney at our firm and review in advance how the court would render the result of the divorce based on infidelity.

If you have further questions about divorce due to infidelity, please visit a nearby Daeryun main office or branch office at any time.