Hello, this is Attorney Seo Yuri. Today, I would like to introduce a case where we represented the defendant (client) and successfully obtained a 'dismissal of divorce claim' ruling in a case where the spouse demanded a divorce while having an improper relationship with a same-sex acquaintance.
1. Case Overview: "We're Just Close Friends" ๐ง
The plaintiff (wife) filed for divorce, citing conflicts over household chores during their 18-year marriage. However, the reality was that the plaintiff had been engaging in an inappropriate relationship with a same-sex acquaintance, and the defendant (client) was aware of this fact and trying to protect the family.
2. Key Issues and Defense Strategy ๐ฉโโ๏ธ
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Proof of Same-Sex Affair: The plaintiff claimed that the other party was a woman and merely a guest, but we thoroughly presented evidence such as the plaintiff kissing and hugging the acquaintance, and being seen leaving motels and studio apartments together.
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Defense Against Divorce Claim by Guilty Spouse: We emphasized that the plaintiff, who committed adultery and left home, was primarily responsible for the breakdown of the marriage, and actively argued the legal principle that 'a guilty spouse cannot file for divorce.'
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Emphasis on Desire to Maintain Marriage: We proved that the defendant still wanted to protect the family and had made efforts to restore the marital relationship.
3. Court's Decision: "All Divorce Claims Dismissed!" โจ
The court accepted our arguments and ruled as follows:
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Recognition of Affair: Even if it is a same-sex relationship, abandoning the duty of fidelity as a spouse constitutes adultery under the Civil Act.
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Plaintiff's Significant Responsibility: Even if the marital relationship has broken down, the responsibility lies more with the plaintiff who committed adultery and left home.
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Dismissal of Claims: The court dismissed all of the guilty spouse's claims for divorce, alimony, and property division, and ordered the plaintiff to bear the litigation costs.
4. Conclusion ๐ก
It is not easy to prove that the other party is in an inappropriate relationship with someone of the same sex, but as in this case, legal responsibility can be sufficiently imposed through specific circumstantial evidence. If you are unfairly being asked for a divorce, seek professional assistance to protect your family or exercise your legitimate rights.
Are you facing a divorce crisis due to your spouse's same-sex affair? ๐ค We will protect your family with meticulous evidence analysis and strategy.
Apply for a consultation right now!