Husband who committed “an affair with the bar owner for 10 years”… can i get a divorce?

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The wife’s story was told that her husband had been having an open affair with the president of a bar he frequented for 10 years.

It is known that this husband is continuing the affair after paying alimony for adultery lawsuit filed by his wife to the female president. Accordingly, her wife filed a divorce suit against her husband, and again filed a suit for alimony against her boss.

The wife argues that her husband has already paid alimony for cheating with the female president, so there is nothing more to argue about, and since he did not file a divorce lawsuit three years ago, it is as if he has already forgiven himself, so it is not a reason for divorce. I asked for advice on whether this is correct.

On the 2nd, YTN radio ‘Attorney Yang So-young’s Counseling Center’ (Yang Dam-so) revealed the story of Mr. A with the same content.

According to the broadcast, Mr. A introduced himself as having two children with his husband in the 30th year of marriage. He confided in her troubles about her husband, who had a deep relationship with the bar owner she frequented from 10 years ago.

Mr. A said, “At first, we met secretly, but when the children became independent as work life, they did not even try to hide it from me and committed an outright affair.” It was common,” he said.

Angered by this, he filed a lawsuit against the bar owner for alimony for an adulterous woman and was sentenced to receive 20 million won in alimony.

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Mr. A said, “I wanted to divorce my husband, but because my children were still unmarried, I was afraid that it would become an obstacle on the way to marriage.” ”he explained.

Even the alimony the female president gave to Mr. A was paid by her husband instead.

He burst into anger, saying, “(The two) even got married,” saying, “The female president’s alimony came from my house after all, and it’s money circulating, so I don’t benefit at all.”

Mr. A, who could not stand it, eventually filed a divorce suit against her husband and a lawsuit against the female president for alimony from an adulterous woman. But her husband has already paid alimony for cheating with the boss, so she has nothing to argue with, and since she didn’t file for divorce three years ago, she has already forgiven herself. Arguing that it is not grounds for divorce, she does.

Mr. A asked a lawyer for advice on whether he could not file a lawsuit for alimony again, saying, “Is the husband’s claim correct?”

Attorney Kim Ah-young, who heard the story, replied, “Because there was a continuous affair by the husband, the right to divorce on the grounds of infidelity does not expire as long as the relationship continues.”

In particular, the previous judgment was only a judgment on misconduct up to 3 years ago when the lawsuit was filed from 10 years ago, and since there has been no judgment on the misconduct that has continued from 3 years ago to the present, the right to claim alimony for this part also arises, Attorney Kim said. explained.

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If so, what will the alimony amount be? Attorney Kim said, “Since 20 million won came out in the previous judgment, we can judge the same and sentence the same 20 million won in the next lawsuit.” In the next lawsuit, you can make a judgment by increasing the amount to 30 million won.”

Also, regarding whether Mr. A’s failure to file a divorce suit three years ago can be regarded as forgiving her husband, “Our court found that the cheating spouse had lived with another person for several years, but did not express his intention or act in particular. I do not believe that cheating was implicitly tolerated.”

“(Forgiveness) means that the other party’s cheating has completely ended, the will to continue the marital relationship is fully aware of the extent and duration of the cheating, and the intention not to hold the other party accountable any longer. It has to be clearly expressed,” he explained.

In the case of Mr. A, trust with her husband was broken, but it is difficult to say that he forgave her because she thought about her children and did not divorce for circumstances.

At the same time, he pointed out, “Even if they did not point out the cheating and ask for improvement, it is difficult to see it as acquiescence.”

In addition, Attorney Kim added, “Since the marriage has broken down to the extent that it is difficult to maintain by the husband any longer, it seems that the reason for the divorce is attributable to the husband when viewed as a whole.”

Lee Seung-goo Online News Reporter [email protected]

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