Legal Q&A
Q
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To get straight to the point, my wife is having an affair. I am going to divorce her.. I have also gathered a certain amount of evidence, and I am wondering whether I can receive divorce consolation money if I file a lawsuit. Is an attorney's help essential to receive divorce consolation money?
divorce consolation money
Answer
Published:
Author : Kuk Il KIM
Hello. This is a divorce attorney at the law firm Daeryun.
I will explain in detail whether you can claim divorce consolation money and whether the assistance of an attorney is necessary.
A spouse's infidelity is not only a clear ground for divorce, but also allows a claim for divorce consolation money.
However, to have consolation money recognized in litigation, sufficient evidence proving the infidelity and the resulting emotional distress is required, and receiving the assistance of an attorney is very advantageous for realizing your rights.
Divorce consolation money is damages that may be claimed from the spouse responsible for the breakdown of the marriage.
If you have already secured a certain amount of evidence, the likelihood of a successful consolation money claim is quite high.
To have consolation money recognized by the court, it is important to prepare the following evidence.
-Content that raises suspicion of infidelity, such as KakaoTalk, text messages, and email
-Hotel, motel, and in-vehicle CCTV, and card payment records
-Photographs and videos with the other person
Because collecting evidence often involves many difficulties, it is advisable to seek this firm's assistance and receive one-stop legal services, including the evidence investigation service of the evidence investigation center.
The mere fact that a spouse 'had an affair' does not automatically result in an award of consolation money.
Because the level of proof of the infidelity, the calculation of the claimed consolation money amount, and the response to the other party's rebuttals must all be handled strategically, it is advisable to obtain the assistance of an attorney.
There are many cases in which people who proceed alone find that their evidence is not accepted or that they receive less consolation money than an appropriate amount, so you may request a consultation with this firm.

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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
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