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A story has emerged about a woman who, after believing a man who said he was divorced and starting a relationship with him, is now facing an alienation lawsuit just a month before giving birth.

On the 3rd, YTN Radio's 'Attorney Jo In-seop's Counseling Center' introduced the concerns of Ms. A, who is facing an alienation lawsuit ahead of childbirth.

Pregnant woman image. [Photo by Pixabay]

Ms. A met Mr. B, who is 10 years her senior, through online chatting. Mr. B introduced himself as "divorced, and the child is being raised by his ex-wife." Ms. A built trust by seeing Mr. B's honest side.

After dating for three months, Ms. A became pregnant. She agreed to her partner's suggestion to have a wedding after the child was born, and they began living together while preparing for the birth and the wedding.

However, about a month before the birth, Ms. A was sued. A woman filed an alienation of affection damages lawsuit, claiming she suffered mental distress due to infidelity. It was only then that Ms. A learned that Mr. B was still married and that his wife had filed the lawsuit against her.

Ms. A said, "As a woman in the late stages of pregnancy, I was so shocked by the contents of the complaint that I was stunned." She added, "When I showed the complaint and confronted him, my husband, who turned pale, admitted that he had not yet divorced his ex-wife."

According to Ms. A, Mr. B excused himself by saying, "When I met you, I was already separated. I was planning to finalize the divorce quickly, whether by mutual agreement or litigation." Ms. A said, "I am at a loss about how to handle the lawsuit and what to do about the child," and sought advice.

Attorney Jo Yoon-yong of Shinsegye Law Firm explained, "If it is recognized that Ms. A had no way of knowing that the other party was married, liability for damages may not be acknowledged." He added, "An alienation lawsuit is a claim for damages due to an illegal act. Therefore, there must be awareness and intent that by having an affair with a married person, one infringes on the rights of the spouse."

Attorney Jo advised, "It would be good to find and submit to the court any conversations or text messages exchanged previously that implicitly assume the other party was already divorced."

However, Attorney Jo noted that even if Ms. A breaks up with Mr. B, she cannot claim alimony or property division based on the dissolution of a de facto marriage.

He explained, "In Ms. A's case, it is a polygamous de facto marriage, and since our civil law prohibits polygamy, it does not protect the rights of a polygamous de facto spouse. Therefore, such a spouse cannot claim alimony or property division even if the de facto marriage breaks down."

Nonetheless, Attorney Jo said Ms. A could file a civil damages claim against Mr. B. He stated, "Although there is no exact criminal penalty provision to punish marriage fraud as in this case, civil action is possible."

He continued, "Looking at precedents, the marital status of the other party is important to an unmarried party. If the other party actively deceived or induced error regarding this, Ms. A can claim civil damages for infringement of her sexual self-determination rights."

He further explained, "Even if the child is born, since they are not registered as married, the child cannot be registered as Mr. B's. However, even as an out-of-wedlock child, if Ms. A raises the child alone, she can claim child support from the biological father."