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Affair Lawsuit

Affair Lawsuit

Busan affair partner lawsuits: you can sue without divorcing

You can claim consolation money from the person who had an affair with your spouse even without divorcing, and you must file within 3 years of learning of the harm and the wrongdoer. You must prove, with lawfully gathered evidence, both that the affair took place and that the other person knew your spouse was married.

In an affair partner lawsuit, evidence decides the case

If your spouse had an affair, you can claim consolation money from the affair partner even without divorcing. You must prove two things: the affair, and that the other person knew of the marriage.

Letting them know you have found out can lead to evidence being deleted, and evidence gathered unlawfully can become a criminal matter. Lim Jae Hyun, Park Sang Jun and Moon Ji Yeong, each with a Divorce specialization registered with the Korean Bar Association, handle these cases.

To consult in Changwon or Seoul: Changwon Office · Seoul Office

    CASE.1

    Evidence of the affair

    You do not need proof of sexual relations as such. Messages, photos and accommodation records are assessed together.

    CASE.2

    Evidence that they knew of the marriage

    The other person often claims they did not know your spouse was married, so this point must not be overlooked.

    CASE.3

    Lawful ways to gather evidence

    Secret recording, location tracking and unauthorized account access can come back on you as criminal liability.

    CASE.4

    If you have been served a complaint

    We review whether you knew of the marriage, whether it had already broken down, and whether the amount claimed is excessive.

    How your case proceeds

    Consultation

    We check the evidence you have and the time remaining

    Organizing evidence

    We meet both requirements with lawful evidence

    Choosing the court

    We decide where to file depending on whether you divorce

    Litigation

    We fill gaps through fact inquiries and similar requests

    Deadlines you must not miss

    Situation Deadline
    Claim for consolation money against the affair partner 3 years from when you learned of it, 10 years from the affair
    Divorce claim based on infidelity 6 months from when you learned of it, 2 years from when it occurred
    Answer by the party served with a complaint 30 days from receiving the copy of the complaint

    Basis: Civil Act, Articles 766 and 841; Civil Procedure Act, Article 256

    Affair Lawsuit Frequently Asked Questions

    QI only know the affair partner's name, not their address. Can I still file an affair partner lawsuit in Busan?
    A

    As it stands this is difficult, because the complaint must state the defendant's name and address so it can be served. If you have a lead that identifies the person, such as a phone number or vehicle number, we consider filing first and then asking the court to send a fact inquiry to the mobile carrier or similar body to complete the personal details (Civil Procedure Act, Article 294). The leads you have now are the starting point for filing.

    QI heard the couple was already separated. Is the affair partner still liable?
    A

    The Supreme Court has held that if the couple's shared married life had already broken down in substance beyond recovery, later conduct is unlikely to be a tort (Supreme Court en banc Decision 2011Meu2997), but also that the third party claiming the breakdown must prove it (Supreme Court Decision 2022Meu13504). What matters is evidence of the actual state of the marriage at the time, not what someone was told.

    QMy spouse has already paid me consolation money. Can I also recover from the affair partner?
    A

    The unfaithful spouse and the affair partner are joint tortfeasors with joint and several liability (Civil Act, Article 760), so payment by your spouse also counts in favor of the affair partner (Supreme Court Decision 2023Meu12782). Even if what your spouse paid was a mix of consolation money and property division, the court can take that payment into account when setting the affair partner's consolation money, so you do not receive full compensation twice for the same harm.

    QIf I am angry and tell the affair partner's employer or family, could I be sued or charged?
    A

    Yes. Even if it is true, publicly spreading it in a way that damages their reputation can be defamation under the Criminal Act, Article 307(1), and spreading it by messenger or social media can fall under Article 70 of the Act on Promotion of Information and Communications Network Utilization and Information Protection. The claim for consolation money and criminal liability for that conduct are judged separately, so it is safer to stop before telling anyone else or visiting them, and to use your evidence inside the lawsuit.

    QI am the one who was served. Can I receive the court papers without my family or workplace knowing?
    A

    You can register a place other than your address with the court as the place for service, and you can also designate a person to receive service (Civil Procedure Act, Article 184). Once you appoint a lawyer, later documents go to the lawyer's office. If the complaint has already arrived at home, the 30-day deadline for an answer is already running from the date of service (Civil Procedure Act, Article 256), so check that date first.

    QWhich court do I file an affair partner lawsuit in?
    A

    If it is filed together with a divorce claim, an affair partner lawsuit in Busan, including the claim against the affair partner, is a Type C family litigation case handled by Busan Family Court (Family Litigation Act, Article 2(1)1(c)). If you sue only the affair partner without divorcing, the proper court can differ depending on how the claim is framed, so we decide this together with the claim structure after reviewing your evidence.

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