"Installing Recording Devices During Underwear Inspection... Is Divorce Possible Solely Based on Morbid Jealousy?"

"Is this really my child?"... Husband with 'morbid jealousy' took underwear for semen test
and installed 8 voice recorders around the house
Expert: "Simple mental illness alone is not grounds for divorce"
"However, if treatment is refused, divorce may be requested"

Is it possible to divorce a husband who shows signs of morbid jealousy by secretly taking his wife's underwear for a semen test and installing recording devices throughout the house? An expert's judgment was given that "simply having a mental illness is not grounds for divorce," but "if there are serious reasons that make it difficult to restore or maintain trust, such as the other party refusing treatment despite suggestions, divorce may be possible."

On the 30th, YTN Radio's 'Attorney Jo In-seop's Counseling Center' introduced the story of Mrs. A, a wife in her fifth year of marriage who decided to divorce her husband exhibiting symptoms of morbid jealousy. Mrs. A began, "My husband and I had a child right after we got married. Shortly after the child was born, my husband was assigned to a provincial office, so we lived as a weekend couple."

A story has emerged about a weekend wife who wants to divorce her husband, who shows signs of morbid jealousy by installing voice recorders throughout the house and secretly taking his wife's underwear to conduct semen DNA tests. The photo is a stock image unrelated to the article. Getty Images

However, recently, her husband showed abnormal behavior, such as becoming furious if Mrs. A did not answer the phone quickly. He checked Mrs. A's phone, suspecting "there might be another man," and even said, "We need to do a forensic analysis of the phone." He even said that their five-year-old child "might not be mine and that a genetic test should be done."

One day, while cleaning the house, Mrs. A heard something fall behind the sofa. Upon checking, she was shocked to find a recording device with the record button pressed, and eight more recording devices were found throughout the house. Mrs. A said, "That's not all. I also found the results of a semen DNA test taken from my underwear." She added, "When I talked to my husband over the weekend, he got angry, saying he still hasn't found concrete evidence." Mrs. A said, "I have never committed infidelity, but I don't think I can continue married life with a husband who suspects me like this," and asked, "Is divorce possible just because of morbid jealousy?"

"Non-consensual genetic testing and recording are subject to criminal punishment... Divorce possible if morbid jealousy treatment is refused"

In response, Attorney Woo Jin-seo of Shinsegae Law Firm said, "In cases like this, where there are no prior symptoms but the husband keeps trying to check the phone and frequently calls to check whereabouts, it appears to be a preliminary symptom of morbid jealousy." He added, "Morbid jealousy and morbid suspicion are psychiatric symptoms that require treatment, and courts consider that if there are psychiatric symptoms, the couple has an obligation to make efforts together for treatment." He continued, "However, simply having a mental illness is not grounds for divorce. But if treatment is suggested and the other party refuses, making it difficult to restore or maintain trust, there may be serious reasons that allow for divorce." Furthermore, he stated, "If the other party refuses to respond to counseling or is obsessed with finding evidence and refuses psychiatric treatment, it is considered a serious reason that makes it impossible to maintain the marriage, and divorce can be requested."

Attorney Woo also advised, "Even if someone has morbid jealousy or morbid suspicion, many manage social life well," and recommended keeping evidence of all situations. For example, keeping call logs of frequently incoming calls or recording conversations with the other party regarding discovered recording devices. He noted, "Especially in this case, since the husband does not live at home during the week but leaves recording devices at home to record the wife's conversations with others, this intent is likely to be recognized. Recording conversations with others on a recording device is subject to criminal punishment." He added, "Secretly conducting a genetic test on the wife's underwear without her consent also violates the Bioethics and Safety Act and is subject to criminal punishment."