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배우자가 외도를 한 이혼에 대처하는 방법


인간은 사회적 동물이라고 흔히들 말합니다. 물론 시대가 변하면서 가정을 꾸리는 형태도 많이 달라져 혼자 또는 반려동물과 함께 삶을 즐기는 사람들도 있지만, 여전히 대다수의 사람들은 운명공동체인 내 가정을 꿈꿉니다.

누구나 자신만의 영역을 갖고 싶어하기 때문에 평생 한 사람만 사랑하기는 어렵지만, 모두가 새로운 것을 찾고 있기 때문에 30~40대 사이에서 불륜과 이혼 이야기가 많이 나오는 것 같습니다. 사랑하는 배우자를 집에서 보는 것은 좋지만, 너무 익숙해져서 더 이상 연인으로서 매력을 느끼지 못하고 사회에서 만난 새로운 사람과 사랑에 빠지는 경우가 많기 때문입니다.

디자인 학자의 사진, Unsplash의 출처

특히 둘 다 직장을 다니는 맞벌이 부부의 경우 지방으로 발령이 나 함께 살지 못하는 경우가 많아 직장생활을 통해 외로움을 잊으려고 노력하다 보니 직장 내 불륜도 드물지 않게 발생하고 있습니다. 실제로 요즘 연예인뿐만 아니라 공론화되는 대기업에서도 직장 내 불륜과 이혼율이 높은 것을 알 수 있습니다.

배우자가 직장에서 외도를 해서 이혼하고 싶습니다.
일반적으로 배우자와 제3자의 혼외정사를 이유로 한 이혼은 제3자가 배우자 일방과 외도를 함으로써 혼인의 본질인 부부생활의 유지를 침해하거나 방해하고, 배우자로서의 권리를 침해하여 배우자에게 정신적 고통을 가하는 것이므로 불법행위로 인정됩니다. 살아남은 배우자는 큰 충격을 받는 경우가 많은데, 바람을 피운 배우자를 상대로 한 간통죄 소송과 부적절한 관계로 가정을 파괴한 제3자를 상대로 한 상간자 소송을 통해 위자료를 청구할 수 있도록 준비해야 합니다.

간통죄가 폐지됨에 따라 간통자를 이혼 등 형사처벌로 처벌할 근거가 없어졌기 때문에 배우자의 부정행위 정도가 다툼의 대상이 되는 위자료 소송 등 민사소송을 제기할 수밖에 없습니다. 우리 법원은 배우자의 부정행위를 "간통에 해당하지 않으나 부부간의 정조의무를 이행하지 않는 일체의 부정행위를 의미한다"고 판시하고 있습니다. 즉, 넓은 의미에서 성관계에 해당하지 않더라도 연인 간의 일상적인 접촉이나 애정 어린 대화와 같은 정신적 관계는 부정행위로 인정될 수 있습니다.

부정행위 이혼 소송에서 가장 중요한 부분
이 사건에서 가장 중요한 부분은 부부 사이에 불충실 한 행위가 있었다는 것과 간통자가 상대방이 이미 유부남이라는 것을 알고 있었다는 두 가지를 증명하는 것입니다.

Legal Information
How to Deal with a Divorce in Which Your Spouse Has an Office Affair
divorce lawyer.com2021. 1. 8. 16:48
Internal affair, I think my spouse has an office wife.

It is commonly said that humans are social animals. Of course, as the times change, the form of raising a family has changed a lot, and there are people who enjoy life alone or with pets, but still, the majority of people dream of having their own home, a community of destiny.

It's hard to love just one person for the rest of your life because everyone wants to have their own territory, but everyone is looking for something new, which is why there are so many stories of infidelity and divorce among people in their 30s and 40s. This is because it's nice to see your beloved spouse at home, but it often happens that you don't feel attracted to them as a lover anymore because you've gotten so used to them, and you fall in love with someone new you meet in society.

Photo by designecologist, source on Unsplash

Especially in the case of working couples, where both of them are working, it is not uncommon for them to be transferred to a province and not be able to live together, so they try to forget their loneliness through office life, and workplace affairs are not uncommon. In fact, you can see that the rate of infidelity and divorce in the workplace is high these days, not only among celebrities but also among large companies that are publicized.

My spouse has an affair at work and I want to divorce him/her.
In general, the divorce of a spouse and a third party for an extramarital affair is recognized as a tort because the third party infringes or prevents the maintenance of conjugal life, which is the essence of marriage, by having an affair with one of the spouses, and inflicts mental suffering on the spouse by violating his or her rights as a spouse. While the surviving spouse is often devastated, he or she should be prepared to claim alimony through an adultery lawsuit against the cheating spouse and an adulterer lawsuit against the third party who has destroyed a family through an improper relationship.

With the abolition of adultery, there is no longer a basis for punishing adulterers with criminal penalties, such as divorce, so they are forced to file civil lawsuits, such as alimony suits, where the extent of the spouse's misconduct becomes a point of contention. The Korean courts have ruled that spousal infidelity "means any unfaithful act that does not amount to adultery but does not fulfill the conjugal duty of fidelity." This means that even if it does not amount to sexual intercourse in a broader sense, a mental relationship such as daily touching and affectionate conversations between lovers can be recognized as infidelity.

The most important part of an infidelity divorce case
The most important part of the case is to prove two things: that there was an unfaithful act between the couple, and that the adulterer knew that the other person was already married. Here's a relevant case to help you understand.

A and B were married in May 2018 in a loving relationship, but their happiness was short-lived. In February 2019, B went to C's apartment and met with her on a number of occasions. After learning that B was married and had a family, C continued to have an unfaithful relationship with her. Feeling that she no longer loved A, B filed for divorce from A. The divorce was granted and A and B divorced. However, A was unable to forgive C for causing the breakdown of the family and proceeded to sue for bigamy.

The trial court ruled in A's favor, finding that C was obligated to pay alimony, given that she had caused the breakdown of A and B's marriage by carrying on an inappropriate relationship despite knowing that B had a legal spouse. In the end, A was awarded $15 million in alimony by C.


Divorce cases can be won or lost based on the amount of hard evidence you can gather, but it can also make a difference in the amount of alimony you receive. If you're the victim and you're desperate to get your divorce over with, you may not be able to get fair compensation for your injuries and you may end up with a messy divorce.

That's why you'll need to lead your case with evidence that proves your spouse cheated on you with his or her office mate in an extramarital affair. Dashcam footage, recordings, texts, videos, and more are usually admissible, but be careful not to use that evidence to prove infidelity, as you may be penalized if you use it to gain access to your spouse's email, cell phone, or other passwords.

My spouse is having an affair and I want to get revenge on both parties.
Sometimes, people who have been hurt by their spouse's extramarital affair want to do more than just take legal action, such as telling their spouse's office workplace about the affair so that they can suffer the same. While it's understandable that you want to get revenge for breaking up a happy family, it's best to be careful because you may end up defaming them and escalating the dispute.

In one case, a woman whose husband's infidelity led to a divorce took to an online community to seek revenge. The post revealed the real names of her spouse and her office manager, and the other party threatened to sue, claiming that she had been defamed. Even if it's true, you can be punished for defaming a person with specific details. You need to be more careful because there are cases that show that even if you tell a few people, you can be recognized as a performer if you have the potential to spread the information to many people.


Many people are shocked to find out that someone they love is cheating on them and are unable to cope. In their grief and anger, they make emotional judgments about the circumstances of the affair that cause them to miss things that could be evidence, or they create circumstances that are unfavorable to their case. unfavorable circumstances.