Blunt Force Assault Husband vs. Adulterous Wife... Who Bears More Responsibility for Marital Breakdown?

Husband Holding Hammer Seeing Wife Close to Other Men... Wife Files Divorce Lawsuit a Month Later
Later, Wife Seen Entering Motel with Man
"Need to Proactively Identify Timing of Wife's Infidelity"
"Alimony Should Be Imposed Considering Entire Process of Marital Breakdown"
"Fault Due to Violence Is Serious, Divorce Likely Not to Be Dismissed"

Unrelated stock photo. [Photo by Getty Images]

Who is the at-fault spouse between the 'husband who assaulted his wife' and the 'wife who went to a motel with another man'?

On the 18th, an expert opinion was shared on this story on YTN Radio's “Attorney Jo In-seop's Counseling Room.” Mr. A, a male poet, began by saying, “My income was low, so my wife ran a traditional tea house.” He recalled, “However, it seemed like my wife was getting too close to the men who came and went at the tea house.”

Mr. A said, “Once, we had an argument about this inside the car, but my wife didn’t back down and talked back,” adding, “I got so angry that I turned the car toward a mountain forest.” In his heightened emotional state, Mr. A took out a small hammer inside the car. He said, “I didn’t mean much by it. I just wanted to scare her.”

Mr. A explained the situation at the time: “But my wife screamed and cursed at me, and I lost my composure, sat on her, and pressed the hammer against her face.” “During the struggle, my wife escaped and reported to the police, and I was investigated.” After the incident, Mr. A’s wife eventually packed her things and left the house, filing for divorce a month later. Mr. A, who wanted to resolve things through conversation, contacted his wife several times but received no response.

Then one day, Mr. A was shocked to see his wife entering a motel with another man. He said, “I was overwhelmed with anger and followed them into the motel room,” adding, “My wife screamed in surprise when she saw me, and the man ran away.” He continued, “Seeing the two go to the motel, it seems my wife had been having an affair long before she left home,” and asked, “My wife denies it completely. Do I have to accept this divorce as it is?”

“Both Violence and Infidelity Are Important Grounds for Marital Breakdown”

Attorney Jo Yoon-yong responded, “Both violence and infidelity are important grounds for marital breakdown,” and said, “It is not easy to weigh who is more at fault for causing the breakdown of the marriage.”

Attorney Jo explained, “If the spouse left the home and filed for divorce after separation, meeting another person after the marriage had already broken down, the fault may be denied. It is necessary to prove that the wife’s infidelity began before the breakdown.”

He added, “It appears that there was already deep discord before, and especially the act of Mr. A dragging the other party to a mountain forest and committing violence with a hammer just before separation carries heavy responsibility.” “Even if the spouse’s infidelity during the marriage is proven and their fault is recognized, Mr. A’s violent fault is also serious, making it unlikely that the divorce will be dismissed.”

Regarding alimony in divorce, he said, “Alimony is imposed on the party primarily responsible after reviewing the overall process that led to the breakdown of the marriage, not just infidelity. When comparing the degree of fault, Mr. A, who committed serious violence against his wife, may bear the alimony responsibility, or it may be considered that both parties have similar degrees of fault due to the wife’s infidelity, resulting in no alimony obligation for either party.”

He continued, “If the divorce is caused by a spouse’s infidelity, damages, i.e., alimony, can also be claimed from the third party involved in the affair.” He advised, “If you want to claim alimony from the third party, you must first make efforts to identify that person.”