"Not Grounds for Annulment...
Alimony Claim May Be Possible"
A story has been shared about a woman who is eight months pregnant discovering that her husband, a fitness trainer, had affairs not only with her own older sister but also with another woman.
On the 10th, on YTN Radio's 'Attorney Jo In-seop's Counseling Room,' Ms. A, who met her current husband while attending a gym introduced by her older sister, shared that she gradually grew closer to her then fitness trainer husband while working out together.
One day, after drinking near the gym, they spent a night together, and upon learning she was pregnant, they decided to get married. The two quickly completed the formal meeting between families and decided to hold the wedding later, registering their marriage and starting to live together.
Then one day, Ms. A received an email from her older sister. The sister said, "Are you really going to marry that man? Actually, that man was seeing me first. I was before you. Do you know why I recommended that gym to you? Because the guy I was dating worked there, so I told you to check it out." She continued, "I was seeing him while you were dating him. But do you know what's even crazier? While both you and I were seeing him, he was also seeing another woman. Even while living with you. If you don't believe me, ask him yourself," she dropped this bombshell.
When Ms. A confronted her husband, he admitted, "Yes, I dated your sister. But my heart wasn't with her, so I also saw another woman. Everyone keeps wanting to meet me, what can I do? I'm not that naive." He even showed a confident attitude.
The husband said, "Can't you just think of this as a funny episode of having a popular guy as your man? Your sister is really ridiculous. What do you want to do by telling me this now?" He added, "Anyway, you're the only one for me. Please trust me for the sake of our baby. Think about the future."
Ms. A said, "It turned out my sister told me this out of jealousy because I was pregnant," and asked for advice, "What should I do? I don't think I can get married like this. Is it possible to cancel the marriage registration?"
Attorney Jo In-seop, after hearing the story, said, "You can dissolve the marriage through either a consensual divorce or a judicial divorce process." He explained, "Since the marriage registration has already been completed, simply having dated your older sister or currently having an affair is unlikely to be grounds for annulment of the marriage."
However, Ms. A asked, "Isn't annulment possible instead of divorce? I absolutely hate the fact that I married someone like that. I was completely blindsided without knowing anything. Can't the marriage be annulled? If not, can I claim alimony from my sister and the other woman who had an affair with my husband?"
In response, Attorney Jo said, "You can file for divorce and simultaneously claim damages against your spouse and the mistress based on the divorce." However, he noted, "It is important whether the mistress knew that your husband was already married. For this, get help from your older sister. If you claim damages against both the mistress and your sister, your sister might provide substantial evidence," he speculated.
He then advised Ms. A to specify ▲ when the relationship started ▲ when she found out about the pregnancy ▲ when they began living together ▲ when the marriage registration was done, and to obtain her spouse’s cooperation to check communications and phone call records exchanged between her husband and older sister. Attorney Jo added, "According to the story, your older sister, feeling jealous that her younger sister was pregnant and marrying the man, revealed his affair with another woman, putting the marriage at risk of breaking down. If you can prove this well, you may be able to claim alimony."
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