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I have a question about a civil lawsuit over adultery.

Hello, I have a question regarding a civil lawsuit over adultery, so I am asking. Currently, my husband is having an affair with a female employee at his company. In relation to the affair, I plan to file a consolation-money lawsuit against the other woman, and I also intend to proceed with divorce litigation against my husband. However, my husband says that our relationship was already broken down, no different from a divorce, and tells me to stop, saying that these civil lawsuits over adultery are entirely meaningless. It is true that we were not on good terms, but in a case like this, am I unable to even proceed with a civil lawsuit over adultery?

civil lawsuit over adultery

civil lawsuit

Answer

Published: 2025-09-23

Author : Kuk Il KIM

Hello, I will provide an answer regarding a civil lawsuit over adultery.

The important issue in a civil lawsuit over adultery is whether the married couple's shared life was substantially maintained.

If the marital relationship was already broken down to an irrecoverable degree, an infidelity with a third party thereafter may not be regarded as an infringement of the couple's shared life, and consolation-money liability may not be recognized.

Therefore, if the circumstance the other party asserts, that the marriage was already broken down, is true, the claim for damages against the third party may be dismissed, or it may affect the calculation of consolation money upon divorce.

However, the mere fact that the couple was not on good terms or had separated does not immediately establish a breakdown.

The court comprehensively examines factors such as ▲the circumstances and duration of the separation, ▲the presence of children, ▲economic and social ties, and ▲the possibility of reconciliation, in order to judge whether the couple's shared life has completely ended.

In other words, if the marriage is still legally subsisting and it is difficult to regard it, by common social understanding, as having broken down, both a claim for consolation money against the third party and a claim for divorce against the spouse are possible.

Therefore, in your case as well, the adultery lawsuit does not become meaningless based solely on your husband's one-sided assertion, and the key is to prove, through objective materials and circumstances, whether the marital relationship was in fact being maintained.

Because the conclusion can vary depending on the specific facts, when preparing for the lawsuit it appears advisable to establish a strategy through a consultation with an attorney.

A claim for consolation money is also possible against the spouse you are divorcing, so we will seek a way for you to be compensated in money for your emotional suffering.

At Daeryun Law LLC, divorce attorneys and civil litigation attorneys who have experienced a variety of divorce cases collaborate organically to provide response strategies tailored to the client's situation.

We operate a system that accepts consultations 24 hours a day, 365 days a year, and we operate branch offices in regions throughout the country, so please reach out to Daeryun in whatever way is convenient for you.