A divorce specialist lawyer in Wonju
A lawyer with a divorce specialty registered with the Korean Bar Association personally handles divorce suits, property division, consolation damages and claims against affair partners.
Evidence decides the outcome
This practice covers divorce actions, division of marital property, alimony, and damages claims against a spouse and a third party in an adulterous relationship. Damages for emotional harm can be sought from the third party even without filing for divorce.
What usually decides these cases is evidence, and how that evidence was obtained can itself become the issue. Only material secured through lawful channels, such as a court order for preservation of evidence, holds its full weight at trial.
Ahn Hyunhee Law Office registered divorce as a certified specialty field with the Korean Bar Association in 2024. Everything discussed in consultation is protected by the attorney’s duty of confidentiality.
What we handle: divorce & adultery
01 Damages Claim Against a Spouse's Affair Partner
This is a civil claim for damages brought against the person who had an affair with your spouse, seeking compensation for emotional distress. It is not a criminal prosecution, it is a monetary claim grounded in tort under the Korean Civil Act, and it can be filed against the affair partner alone while the marriage continues. Whether the claim succeeds, and for how much, turns on the facts: how far the conduct went and over what period, whether the marriage had already broken down, and whether the other party knew your spouse was married. For that reason we start by mapping out what evidence actually exists before anything is filed. At the consultation we separate what you already hold from what can only be obtained through a court procedure, then decide together whether to file and how broadly. Many of these cases end in a court-recommended settlement or mediation rather than a judgment, so we assess early whether yours is likely to go the full distance.
02 Divorce Damages for Emotional Distress
This claim seeks compensation for emotional harm from the spouse responsible for the breakdown of the marriage. Infidelity, verbal or physical abuse, malicious desertion, and unfair treatment are the usual grounds. The amount reflects how the marriage broke down, the degree of fault, the length of the marriage, whether there are children, and the circumstances on both sides. Property division and damages are distinct: one splits assets built together, the other compensates for fault, and courts decide them separately. We examine damages and property division as two separate questions and identify early which one the dispute will actually turn on. We have handled cases where the other side files a counterclaim and both are heard together.
03 Division of Marital Property
This is the process of settling the assets a couple built and maintained during the marriage. What matters is contribution to acquiring and preserving those assets, not whose name is on the title, homemaking and childcare count as contribution. In practice the first task is defining the pool. Beyond real estate and deposits it can include severance pay, pensions, insurance, business interests, and jointly incurred debt. When the other side will not disclose, court tools exist: an order to itemise assets, a court-run asset search, and orders compelling banks to produce transaction records. Many of these cases end in mediation that fixes an amount and a payment deadline. What matters then is whether the agreement also covers what happens if payment is missed. The right to claim property division lapses two years after the divorce is finalised.
04 Uncontested Divorce and Mediation
When both sides agree to divorce, it can be completed by confirmation at the family court. After filing, a reflection period applies: three months if there are minor children, one month if not. Where there are children, an agreement on custody and parenting must be filed alongside. Mediation is the route for settling a case before or during litigation. Once mediation succeeds, the resulting protocol carries the same force as a final judgment, so it can be enforced directly if the terms are not met. Where agreement is realistic, most of the remaining work is writing the terms down precisely. We focus first on the items that tend to resurface as disputes later: the amount, the deadline, what happens on default, and how visitation will actually work.
05 Contested Divorce Litigation
When the other spouse refuses to divorce, or the terms cannot be agreed, the court decides. Article 840 of the Civil Act sets out the grounds: infidelity, malicious desertion, grossly unfair treatment, unfair treatment by the spouse's lineal ascendants, three or more years of unexplained absence, and any other serious cause making the marriage untenable. After the complaint is filed, answers and briefs are exchanged, hearings are held, and judgment follows. Damages, property division, and custody are usually heard together, and if the other side counterclaims, both actions proceed as one. Family cases are decided largely on the written record that accumulates. We begin by laying out the history of the marriage in chronological order, and keep you informed of where the case stands and what the next hearing covers.
06 Petition for Preservation of Evidence
Preservation of evidence is a procedure in which the court examines and secures evidence in advance, before or during the main action, where it would otherwise be difficult to obtain later. Because it proceeds by court order, how the material was obtained is recorded. Communications logs, lodging records and card statements are held only for set retention periods and may no longer exist once time passes, so the earlier the petition, the better the prospects of securing them. What is actually recovered depends on the holder's records, and no outcome can be promised in advance. By contrast, material taken from a partner's phone or accounts without authorisation carries little evidentiary weight and can itself create criminal exposure. We draw a clear line between what you can do now and what has to go through the court.
07 Defending an Affair-Partner Damages Suit
We act for defendants who have been served. An answer is due within 30 days of service, and failing to respond can mean the plaintiff's account is accepted as it stands. What is actually in dispute varies. The usual questions are whether the conduct amounts to infidelity at all, whether the defendant knew or should have known the other person was married, whether the marriage had already broken down before any of it, and whether the sum claimed is out of proportion to the facts. The claim is time-barred three years from when the plaintiff learned of the harm and the wrongdoer, and in any case ten years from the act. This office has run these cases from both sides. Whichever side you are on, we establish the facts first, then separate what is worth contesting from what is better conceded.
How it works
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Consultation and Case Assessment
Where the case actually stands
We lay out the history of the marriage, how the conflict developed, the state of the finances, and any issues concerning children, in chronological order. We also check what material still exists and whether the other side has already taken steps. This is where the direction is set, litigation or negotiated settlement. You can consult without having decided anything yet.
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Reviewing and Planning Evidence
What to secure, and how
We assess what the material you already hold is worth in legal terms, and separate the gaps into those you can fill yourself and those that require a court procedure. Material obtained by accessing a partner's phone or accounts without permission carries little evidentiary weight and can create criminal exposure of its own. So we settle how to collect before what to collect.
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Securing Evidence Through the Court
Records made under court order
Where needed we use court procedures: petitions to preserve evidence, fact inquiries, orders compelling banks to produce records, and orders to itemise or search assets. Material secured under a court order carries a documented chain of custody. Communications, lodging and card records are kept only for set retention periods, so earlier action improves the chances of securing them. What actually remains depends on the holder's own records.
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Settlement, Mediation, or Litigation
Through to settlement or judgment
On the basis of what has been assembled, we decide whether to negotiate or to file. If it settles, we put the terms in writing, amount, deadline, what happens on default, and how visitation will work, because those are the items that resurface later. If the dispute continues, the same lawyer who took the consultation appears as counsel through to argument. You are kept informed of progress and of what the next hearing covers.
Who this is for
Suspecting an affair but not yet sure
Even if you are not yet sure about an affair and have not decided what to do, legally valid evidence should be secured first.
Holding the third party liable without divorcing
Damages for emotional harm can be sought from the third party even without divorcing.
Settling property division and alimony
We review both dividing the property built up during the marriage and claiming alimony from the spouse responsible for the breakdown.
Divorce & adultery success stories
Summarised from the judgments and decisions with identifying details removed. Every case turns on its own facts.
Divorce granted with damages, property division and child support
We represented the client in a divorce where the assets built up during the marriage were fiercely contested. Because the other side disputed the client's contribution, the key issues were the scope of the divisible estate and the contribution ratio. The court granted the divorce, recognised consolation damages and property division, and ordered child support for the minor child. A family case at the Wonju Branch of the Chuncheon District Court.
Property division rejected at first instance, granted on appeal
We took over the client's representation on appeal after the first-instance court rejected the property division claim entirely. We re-examined who in substance owned the assets the lower court had not recognised, and the client's contribution, and argued and proved them again. The appellate court did not uphold the first-instance judgment and awarded property division. First instance: Wonju Branch of the Chuncheon District Court (2021); appeal: Seoul High Court, Chuncheon Division.
Divorce settled in mediation with KRW 150 million property division payment
This divorce and property-division dispute was closed through court mediation. The goal was to fix every term at once: the asset schedule, the payment deadline, and the treatment of pension entitlements, a leased vehicle and the marital home. At the mediation hearing the parties agreed that a property-division payment of KRW 150 million would be made by a set date, with 12% annual default interest if missed, that neither side would claim consolation damages, and that neither would pursue a pension-split claim. The case was heard at the Wonju Branch of Chuncheon District Court in 2023. Mediation requires the other side's agreement, so it is not available in every case.
Divorce and affair-partner claims joined; damages, division and child support awarded
The divorce and damages claim against the spouse and the damages claim against the affair partner were heard together in one proceeding. The crux was proving the affair, its timing and the causal link to the breakdown of the marriage. The court found for the client on consolation damages, property division and child support. Wonju Branch of the Chuncheon District Court.
Divorce granted with KRW 30 million in consolation damages
The firm acted for the client in a family case in which a divorce and property-division claim and counterclaim were consolidated. Responsibility for the breakdown of the marriage and the method of settling the assets, including real property, were contested together. The court granted the divorce and awarded KRW 30 million in consolation damages, and further ordered the transfer of registered title to a real-property share as part of the division. Provisional execution was declared on the damages portion. The case was heard at the Yeongwol Branch of Chuncheon District Court in 2023.
Third-party damages: KRW 30 million settlement recommendation decision
This was a damages claim brought against the spouse's affair partner. Given the other side's ability to pay, the firm judged that fixing enforceable payment terms served the client better than pressing for judgment, and used the settlement track. The court issued a settlement recommendation decision under which KRW 30 million would be paid in two instalments, with 12% annual default interest accruing on any unpaid balance once the benefit of time was lost. The case was heard at the Wonju Branch of Chuncheon District Court; the decision itself carries no separate date entry.
Judgment awarding KRW 30 million in third-party damages
This was a damages claim seeking consolation money from the spouse's affair partner. Whether the defendant knew of the marriage, and how long the relationship had continued, were the factors that drove the amount. The court ordered payment of KRW 30 million, with default interest at 5% per annum from the date of the wrongdoing to the date of judgment and 12% per annum thereafter, and dismissed the remainder of the claim. The case was heard at the Gangneung Branch of Chuncheon District Court in 2020. The amount recognised varies from case to case with the severity and duration of the affair and whether the marriage broke down.
Divorce and affair-partner damages joined; damages awarded
The divorce and damages claims and the claim against the affair partner were handled in one case. The hardest part was gathering and presenting the supporting material lawfully. The court awarded consolation damages. Wonju Branch of the Chuncheon District Court, 2020.
KRW 20 million awarded on a KRW 30 million third-party damages claim
The client sought KRW 30 million in consolation damages from the spouse's affair partner. In fixing the amount the court weighed how long the relationship had lasted, how far the defendant was aware of the marriage, and the effect on the marital relationship. It ordered payment of KRW 20 million, allocated two thirds of the litigation costs to the defendant, and declared provisional execution. The case was heard at the Wonju Branch of Chuncheon District Court in 2022. Setting the claim amount is a judgement call that should weigh both the prospects of recovery and the cost allocation that follows.
Divorce and consolation damages granted
We represented the client in a claim for divorce and consolation damages. With each side blaming the other, we focused on proving, in chronological order, how the marriage reached the point where it could not be restored. The court granted the divorce and awarded consolation damages. Wonju Branch of the Chuncheon District Court, 2022.
Third-party damages: KRW 11 million settlement recommendation decision
In this third-party damages case the firm judged that pinning down a firm payment deadline served the client better than a long contested trial, and pursued the settlement route. The court issued a settlement recommendation decision under which KRW 11 million was to be paid by a fixed date, with 12% annual default interest on any unpaid balance, the balance of the claim waived, and each side bearing its own costs. The case was heard at the Wonju Branch of Chuncheon District Court; the decision carries no separate date entry.
KRW 10 million awarded on a KRW 20 million third-party damages claim
The client sought KRW 20 million in consolation damages from the spouse's affair partner. The amount turned on how the court assessed the severity of the affair and its effect on the marriage. The court ordered payment of KRW 10 million, with default interest at 5% per annum to the date of judgment and 12% per annum thereafter, split the litigation costs equally, and declared provisional execution. The case was heard at the Wonju Branch of Chuncheon District Court in 2023.
Defence in a third-party damages claim: KRW 30 million claim reduced to KRW 7 million
In this matter the firm acted for the defendant facing the damages claim, not the claimant. The other side sought KRW 30 million; the defence focused on separating out what conduct could properly be characterised as an affair, how far it had actually contributed to the breakdown of the marriage, and which circumstances had already been resolved by other means. The court held the represented defendant liable for KRW 7 million only, dismissed the remainder of the claim, and allocated three quarters of the costs as between claimant and this defendant to the claimant. The case was heard at the Wonju Branch of Chuncheon District Court in 2023.
Settlement recommendation decision in a divorce and property division case
A divorce and property-division dispute closed through the settlement track. The firm took the view that settling how consolation damages and the division payment would be made was less burdensome for the client than fighting through to judgment. The court issued a settlement recommendation decision under which the other party would pay consolation damages and a property-division sum, the balance of the claims would be waived, and each side would bear its own litigation and mediation costs. The case was heard at the Wonju Branch of Chuncheon District Court. Part of the figure in the decision is illegible in the source image and is therefore not stated here.
Property division claim defended and closed in mediation
The firm acted on the defence side where the other party sought both divorce and a share of the assets. The core of the defence was to contest the divisible estate itself by setting out how the assets had been built up, in whose name they were held, and what liabilities attached to them. At the mediation hearing the parties agreed to divorce on terms that the other party would waive their claim to a share of the client's civil-service pension, that neither side would exercise any property-division claim over movables, real property or debts, and that each would bear its own mediation costs. The case was heard at the Wonju Branch of Chuncheon District Court in 2021.
Frequently asked questions
How long does a divorce take?
An uncontested divorce is confirmed by the family court and cannot complete until the reflection period has run. In litigation, the complaint is filed and served, answers and briefs are exchanged, and hearings are held, so the number of issues and the other side's approach make a large difference. A case settled in mediation finishes sooner than one that runs to judgment. Where asset searches or valuations are needed, add to that.
Can I petition for divorce if I am the one at fault?
The courts have long held that a spouse principally responsible for the breakdown cannot as a rule obtain a divorce. Exceptions have been recognised, where the other spouse also has no intention of continuing the marriage and refuses out of spite or retaliation, or where so much time has passed that weighing fault has lost its point. Which side a case falls on depends on the facts, so we start by setting out how the marriage broke down.
How much is usually awarded in damages?
The figures circulating online have been stripped of the circumstances behind them, so they are a poor guide. The court weighs how the marriage broke down, the degree of fault, its length, the children and each side's situation together, so the same ground can produce different results. The sum claimed and the sum awarded usually differ, and claiming a large figure raises the stamp duty payable. We do not promise a number at the consultation; we set out the factors the court will weigh.
How is child support set, and what if it is not paid?
Child support is calculated from the parents' combined income and the child's age, taking the family court's child support guidelines as the starting point and adjusting for each side's circumstances. If payments are not made once fixed, an enforcement order can be sought, and where the payer is an employee, a direct payment order can route the support straight from wages. Persistent non-payment can lead as far as detention.
What if the other parent will not let me see my child?
Visitation is framed as a right of both the child and the parent, and where it is not carried out as ordered, an enforcement order can be sought from the family court. Breaching that order can attract an administrative fine. Unlike unpaid child support, however, failure to allow visitation does not on its own lead to detention. That is why setting the terms precisely at the outset, frequency, hours, handover point, holidays and school breaks, matters so much.
Will an affair-partner suit reach their family or workplace?
The complaint is served at the defendant's address as a matter of course, and there is no procedure by which the court notifies an employer or a family. In practice, though, the spouse is usually central to the facts and is often called as a witness or asked for records, and what they learn in that process is hard to prevent. Access to the case file is limited to the parties and those who show a legitimate interest. It is better to gauge how far the matter will surface before deciding whether to sue.
I only have circumstances, no smoking gun, is that enough?
A single decisive item is not required. The court looks at whether individually weak materials, messages, times and places, spending records, call frequency, all point the same way. So the first task is to list what actually survives. Conversely, a large pile can turn out to be unusable if there is a problem with how it was obtained, so speak to us before gathering anything new.
Can I stop my spouse from disposing of assets?
Before a disposal takes place, real property or deposits can be tied up by provisional attachment or injunction. Where title has already been transferred or the asset sold, the route is an action to set aside the transfer, and that is subject to time limits, so delay narrows the options. If you do not know what assets exist, an order to itemise assets, a court asset search and orders compelling banks to produce records come first. Tell us as soon as you see the signs.
Before you proceed
How evidence is gathered matters
How evidence is obtained can itself become an issue. Discuss the method before you start collecting.
Answer within 30 days of service
A defence must be filed within 30 days of being served, and without a response the claimant's case may be accepted as it stands.
Cooling-off period for divorce by agreement
Divorce by agreement has a cooling-off period after the application for confirmation: three months with minor children, one month without.
Tell us what is happening first
Leave an inquiry and we will explain how to proceed after reviewing it. If it is urgent, please call 1577-0448.