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I want to file a lawsuit against the adulterous partner; is it possible?

I have been married to my wife for 10 years. We even have two children. However, recently my wife could not put down her phone and often stayed out overnight, and I eventually learned that there is an adulterous partner. My wife insists that it is not true, but I would like to first proceed with a lawsuit against the adulterous partner and then consider divorce. Is a lawsuit against the adulterous partner possible?

Lawsuit against the adulterous partner (male)

Answer

Published: 2025-06-16

Author : Kuk Il KIM

Hello. I am an attorney specializing in divorce at Daeryun Law LLC.

I do not know your situation exactly, but since a lawsuit against the adulterous partner can be filed if the following requirements are met, it appears that you may well be able to file one.

1. Being in a marriage
2. There being an act of infidelity between the other party and your spouse
3. The adulterous partner having known, or having been able to know, that your spouse was a married woman
4. Having suffered mental distress

A lawsuit against the adulterous partner is a type of civil lawsuit and proceeds in the form of claiming consolation money.

Because the burden of proof in a civil lawsuit rests, in principle, with the plaintiff, you must gather evidence that can prove the fact of the affair between your wife and the adulterous partner.

The types of evidence commonly used in a lawsuit against the adulterous partner are as follows.

1. The contents of messages, such as KakaoTalk and text messages
2. Call recording files
3. Records of entering and leaving places such as motels

Driven by emotion, many people use unlawful means such as wiretapping when gathering evidence, but in that case the evidence may not be admitted.

If you entrust a lawsuit against the adulterous partner to us, our firm collaborates with its evidence investigation center and digital forensics center to gather evidence favorable to the client.

In addition, an attorney specializing in divorce assists with the overall divorce litigation procedure and also with the divorce procedure with your wife after the lawsuit against the adulterous partner concludes.

If you need legal assistance regarding a lawsuit against the adulterous partner, you may wish to consult an attorney.