1. The Client's Crisis

The client had been living in a weekend marriage with her husband for more than two years. But at some point she began to sense something was wrong because he rarely came home even on weekends or arrived late, and after checking, she learned that her husband was having an affair. She was shocked, but at the time there was no clear evidence to confront his misconduct. If evidence were collected by illegal means, it could backfire and hurt her in the lawsuit, so she needed a lawful way to secure evidence. She was also worried about property division and custody. Because the period during which the husband and the children had lived together was long, she came to Law Firm Jonjae deeply concerned about whether custody could be resolved in the direction she wanted.

2. Key Issues

There were three major difficulties in this case. First, although she knew about the husband's misconduct, there was no objective evidence to prove it. If the affair could not be proven, it would be difficult to have fault assigned, and it would also be hard to pursue damages or carry the whole lawsuit advantageously. Second, if illegal methods were used during evidence collection, it could work against the client, so evidence had to be secured through lawful procedures. Third, because of the weekend-marriage arrangement, the husband had lived with the children for a long time, so to obtain custody, the client's parenting ability and willingness had to be demonstrated separately.

3. Jonjae's Strategy

Lead Attorney Noh Jong-eon made securing evidence through lawful means the top priority.

To obtain CCTV footage from the motel visited by the husband and the affair partner, a motion to preserve evidence (Article 375 of the Civil Procedure Act) was filed. Preserving evidence required the cooperation of the lodging establishment and the restaurant visited by the husband and the affair partner, and Lead Attorney Noh Jong-eon actively assisted in securing clear evidence.

Based on the lawfully secured CCTV footage, the husband's fault was proven in the divorce lawsuit, and a damages claim lawsuit against the affair partner was also pursued in parallel. At the same time, the client's willingness and ability to parent, along with a concrete plan for the post-divorce home environment, were organized to thoroughly prepare for securing custody.

4. Outcome and Recovery

Through the evidence lawfully secured, the client was able to have the spouse's fault recognized. She received damages from both the husband and the affair partner, and achieved favorable results in both the property division and custody matters. She was able to secure both an economic foundation and custody, and prepare for a fresh start with her children in a new family environment.

Attorney in charge: Lead Attorney Noh Jong-eon

To protect confidentiality, this case has been partially de-identified to the extent that it does not undermine the essence of the matter.