Legal Q&A

The crime of adultery has been abolished. So can I claim consolation money through a civil lawsuit?

Hello. Recently, I learned that my husband had an affair. At first, the shock was so great that I could not think of anything, but as time passed, I have continued to feel anger and a sense of injustice. In the past, I would at least have filed a complaint for the crime of adultery, but I am told that is no longer possible now. The problem is that, because I have a child, it is realistically difficult to choose divorce right away. Even in such a case, can I claim something like consolation money through a civil lawsuit?

How long does a lawsuit against the adulterous partner take? Can it take a long time even when there is evidence?

It has been a few months since I learned of my husband's affair, and I have also secured some evidence, such as text messages and KakaoTalk conversations. At first I intended to just let it go, but as time passed my feelings did not settle, so I am considering a lawsuit against the adulterous partner. People around me say that such a lawsuit takes longer than expected, while others say it ends quickly if there is evidence, so I am confused... I would like to know how long a lawsuit against the adulterous partner actually takes.

How should I respond to a failure to comply with visitation rights?

Even though there is a visitation schedule set by the court, the other party is not sending the child. The other party keeps repeating only the reason that the child does not want to go, and communication is not smooth. I would like to know what procedures I should take if the failure to comply with visitation rights continues.

How much difference is there between the cost of a mediated divorce and the cost of a litigated divorce?

I am planning to go through a divorce, and I have found that there are various types, such as mediated divorce and litigated divorce. But since an agreement probably will not be reached, it seems I will end up in a litigated divorce, and I heard that the cost difference is large. How much difference is there between the cost of a mediated divorce and the cost of a litigated divorce??

Can I annul the marriage on the ground of marriage fraud against my husband who hid a large debt?

My husband got married while hiding the fact that he had debt before the marriage. I found out belatedly while looking at my husband's phone, and although half a year has passed since I learned of it, even though I want to forgive him, I feel so wronged and my sense of betrayal will not go away. I would like to know whether, even belatedly, the marriage can be annulled on the ground of marriage fraud, and whether I can file for divorce.

We are a couple in our fifth year of marriage. Is a forced divorce possible?

Hello. I am in the fifth year of marriage. Since early in the marriage, I have been worn out by frequent quarrels and differences of opinion with my wife, and I feel as though I want to go through even a forced divorce. We also have one child, who is still young, so I am truly worried about who will take custody. My wife says she has no intention of agreeing to a divorce at all, so if I retain an attorney, would a forced divorce be possible?

How much consolation money for infidelity can I receive?

I have learned that my spouse is having an inappropriate relationship with another person. There are circumstances indicating that they met and exchanged expressions of affection several times... Because of this, I am still considering divorce, but I am currently separated. In such a case, I would like to know whether I can claim consolation money for infidelity from the third party, and if I do, what amount of consolation money is recognized.

What procedure must one go through to divorce a foreigner?

Through an international marriage brokerage site, I completed a marriage registration with a spouse of Vietnamese nationality. However, after the marriage registration, my spouse left home and has been out of contact ever since. It is a situation in which it is difficult to say that the marital relationship is in fact being maintained, but because the other party is a foreigner, I am worried that the divorce procedure may be more complicated. In such a case, I would like to know how a divorce with a foreigner can be carried out and whether a divorce is possible in a Korean court.

How should I respond to divorce litigation filed by an at-fault spouse?

My spouse committed domestic violence and brought our marriage to a breakdown, yet that person filed for divorce first. I have heard that a divorce claim by an at-fault spouse is dismissed, but I would like to know the actual criteria used to make this determination and whether I can block the divorce to the end. I am also worried about whether I, as the defendant in divorce litigation brought by an at-fault spouse, will be placed at a disadvantage regarding child custody, consolation money, or the division of marital property.