Wife Commits Fraud and Goes to Prison vs Husband Struggles with Affair... Who Is Responsible for the Breakdown?

Early in our marriage, I discovered my wife was involved in voice phishing...
"Trust broken and marriage ruined due to wife's crime"

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A husband who lost faith in his wife's criminal behavior and had an affair is reportedly considering divorce.

On the 7th, YTN Radio's 'Attorney Jo Inseop's Counseling Center' introduced the story of Mr. A, a husband who lost trust in his criminal wife and had an affair with a coworker.

Mr. A met his wife at a Chinese language academy and married her after dating for one year. However, one day, Mr. A found out that his wife was involved in a voice phishing crime early in their marriage. When asked why she committed the crime, she replied, "I was curious because I heard it was an easy way to make money."

Eventually, his wife was sentenced to one year in prison for the crime.

Afterward, Mr. A grew closer to a coworker who comforted him during that time. When his wife was re-arrested on fraud charges after her release, he began living with that coworker. Believing he needed to sever ties with his wife, he also filed for divorce.

Mr. A expressed, "My trust was broken due to my wife's repeated criminal acts, and our marriage fell apart due to her long imprisonment." He added, "However, my wife found out about my close relationship with my coworker and filed a lawsuit against the third party. What should I do?" seeking advice.

In response, Attorney Son Eunchae of Shinsegye Law Firm explained, "In principle, a divorce claim by the at-fault spouse is not allowed. However, if the other party also has no intention to continue the marriage and the fault for the breakdown of the marriage is no longer significant enough to reject the divorce claim, exceptions are made."

She continued, "While Mr. A's affair is an important factor in the breakdown of the marriage, the wife's imprisonment also played a significant role. Both Mr. A and his wife share responsibility for the breakdown. When both parties are at fault, Mr. A's divorce claim is permitted," she advised.

Regarding the wife's claim for damages against the third party, she said, "If both spouses are found equally at fault for the breakdown of the marriage, claims for damages from both sides are dismissed. In this case, the claim for damages against the third party will also be dismissed." She added, "Unless the cheating spouse's obligation to compensate damages is established, the third party is not held liable for damages. Since both Mr. A and his wife share equal responsibility for the marriage breakdown, the claim for damages against Mr. A's coworker is unlikely to be recognized."

Netizens responded to the story with comments such as, "There's no way a marriage can continue when a spouse goes to prison," "Not just any crime, but voice phishing," "At this point, I consider it a fraudulent marriage," "Am I the only one who understands the husband's feelings?" "An affair is still an affair," and "It's true that the husband is pitiful."