Divorce Over a Spouse's Infidelity — KRW 20 Million in Damages, Parental Authority and Custody Secured, Counterclaim Dismissed

Case Overview

After the marriage broke down because of the spouse's infidelity, our client sued for divorce, emotional-distress damages, and parental authority and custody of the children. The other spouse then filed a counterclaim, arguing that the marriage had failed because of our client and seeking divorce, damages, property division (officially “division of property”) and custody of the children. Our client had been raising the children alone since the separation, so keeping custody of them mattered more than anything.

Our Strategy

Attorney Dongwoo Shin organized the evidence of the other spouse's infidelity and proved that the other spouse bore primary responsibility for the breakdown of the marriage. He showed that the other spouse's allegations of our client's infidelity and fault were not supported by evidence, and he emphasized that since the separation our client had raised the children personally and paid for their support. The court granted the divorce and KRW 20 million in damages and dismissed the other spouse's counterclaims for divorce and damages. It designated our client as the children's holder of parental authority and custodian, ordered child support of KRW 600,000 per child per month, and recognized our client's contribution to the marital property at 80% in the property division.

Result · Win

This is the result of an individual case and does not guarantee a similar outcome. Some facts have been generalized and personal information redacted to protect the client.

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Attorney in charge: Dongwoo Shin