"Disliked Poverty," Gold Spoon Wife Who Left Home... Affair Lawsuit After Meeting Another Woman

Intent to Dissolve Marriage Is Key
"If Intent Is Not Clear, It Constitutes Infidelity"

If a husband, whose wife has effectively left the house and only the divorce filing remains, is dating another woman, is that considered 'adultery'? A legal expert suggested that whether the intention to divorce has been confirmed could determine the court's decision.

On the 23rd, YTN Radio's 'Attorney Jo Inseop's Counseling Center' featured the story of Mr. A, a husband currently in the process of divorce.

Mr. A explained, "My wife was the daughter of a wealthy family but had no clear occupation, and I was poor. The house I could afford was an apartment on the outskirts of Seoul," adding, "It was very remote and on a hillside, so my wife struggled a lot."

Eventually, when their daughter was about one year old, Mr. A's wife effectively left the house. With the help of her parents, she rented a place near her parents' home and later asked Mr. A to send child support. However, on weekends, she would bring their daughter to Mr. A's house so he could see her. In effect, they became a weekend couple.

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Later, Mr. A proposed to reunite with his wife, but she firmly refused. In response, Mr. A mentioned divorce. Ultimately, the two submitted a mutual divorce application to the court.

They designated the wife as the legal guardian and custodian of their daughter, and Mr. A agreed to pay monthly child support. Now, the couple only had the divorce procedure and filing left.

However, the divorce filing was delayed for a year, during which Mr. A began dating another woman. The problem arose when the wife, upon learning this, filed for a judicial divorce.

Mr. A said, "My wife claims that our marriage broke down due to my infidelity and is demanding alimony, property division, designation of legal guardian and custodian, and child support," adding, "We had already agreed to divorce, so is this possible?"

So, does Mr. A actually have to bear all the property division and child support? A legal expert said the outcome could depend on whether the intention to dissolve the marriage was clearly expressed.

Attorney Song Mijeong stated, "Even if the intention for mutual divorce is confirmed, if the divorce filing is not made, the effect of the mutual divorce is lost," adding, "If the divorce filing has not been made, the divorce does not take effect."

She further explained, "If someone meets another person of the opposite sex before clearly expressing the intention to dissolve the marriage, it is highly likely to be judged as infidelity," and "The couple lived as a weekend couple even before confirming their mutual divorce intention, and continued similarly afterward. If the divorce filing is not made, it can be seen as an intention to live again as a couple, which may result in the husband having to pay alimony to the wife."