Hello, this is Attorney Seo Yuri, your reliable legal partner! π
Today, I'd like to share a real case of how we successfully refuted the most common argument made by the defendant (the adulterer) in an affair case, which is "The marriage was already broken." π‘οΈ
π Case Background
The plaintiff and their spouse were a married couple of 10 years with children. However, the defendant, who joined the company run by the spouse, continued to have inappropriate encounters with the spouse, knowing that the spouse was married, and was eventually discovered.
π The Defendant's Shameless Claim: "Weren't they already over?" π€¨
During the trial, the defendant attempted to evade responsibility by claiming the following:
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"They were already separated when I met them."
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"They were undergoing divorce by agreement, so the relationship was already broken, and I am not responsible."
Many plaintiffs worry that they might not receive alimony when they hear such claims. However, the court's judgment was strict! π ββοΈ
π Key to Victory: Applying for Divorce by Agreement Alone Does Not Mean 'Broken'! π‘
The court refuted the defendant's claims point by point and sided with the plaintiff.
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Lack of Evidence: The evidence submitted by the defendant was insufficient to conclude that the marital relationship was completely broken at the time of the affair.
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The Essence of Divorce by Agreement: The court does not presume that there was a "serious reason why the marriage could no longer continue" simply because an application for confirmation of intention to divorce by agreement was filed.
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Timing Issue: In this case, the application for divorce by agreement itself was made after the affair was discovered, and even that was later withdrawn.
π Verdict: Infringement of Spouse's Rights Acknowledged! π
Ultimately, the court clearly acknowledged that the defendant infringed on the marital cohabitation between the plaintiff and the spouse and infringed on the plaintiff's rights as a spouse, and issued a ruling to pay alimony.
β¨ A Word from the Attorney
In adultery lawsuits, it is a typical strategy for the other party to claim "the relationship was already broken." However, simply because the relationship was not good or there was talk of divorce by agreement does not exempt them from liability for illegal acts.
If you attack the other party's weaknesses with prepared logic, you can be legally compensated for your wounded heart. πͺ
Are you worried about a situation similar to this case? I will provide you with detailed consultation on how to respond to the other party's unreasonable claims. Please feel free to contact me anytime! πβ¨