Asked for forgiveness and withdrew divorce lawsuit, then countersued after asset division
Demanded lump-sum child support payment

A story about a woman who forgave her husband's affair but was soon sued for divorce by him has become a hot topic. According to YTN Radio's 'Attorney Jo Inseop's Counseling Room' on the 21st, A, who sent the story, discovered shocking photos and videos on the computer shared with her husband. Her husband had stored photos and videos taken with the woman he was having an affair with on the computer.


Greatly shocked, A filed for divorce against her husband, and he begged for her forgiveness. A believed her husband's apology was sincere. Also, considering their young children, she withdrew the lawsuit. When the lease period expired, her husband suggested, "Let's start fresh in a new place," and A agreed to his proposal.

I forgave my husband's affair, but after organizing his assets, he filed for divorce again. What should I do when my husband says there is no property to divide? <br>[Photo by Pixabay]

I forgave my husband's affair, but after organizing his assets, he filed for divorce again. What should I do when my husband says there is no property to divide?
[Photo by Pixabay]

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However, an unimaginable event occurred three months later. The husband, who had asked for forgiveness after his affair was discovered, filed for divorce against A. He claimed that A was at fault, saying, "After agreeing to forgive everything, she treated me unfairly by getting angry."


It was also reported that to create a favorable situation for property division, he transferred 200 million won, excluding the bank loan portion of the lease deposit, to his mother's account. A explained, "The 200 million won was originally prepared from business profits," and added, "Then, shamelessly, he said the 200 million won given to his mother was to repay borrowed money, and that the deposit for the new rented house was entirely a bank loan, so there was no property to divide."


A said she was worried not only about property division but also about child support. She stated, "It seems practically difficult for me to raise the children, so I want my husband to take care of them," and added, "My husband demands the entire child support amount needed until the children become adults in a lump sum."


How should A respond? Attorney Jo Yunyong believes that A can file for divorce and claim alimony against her husband again. Attorney Jo said, “Article 841 of the Civil Code stipulates that if a spouse forgives the other's infidelity afterward, they cannot file for divorce. However, it appears that the husband induced his wife's forgiveness and lawsuit withdrawal to create a favorable situation.”


He continued, “According to Supreme Court precedents, for post-forgiveness to be recognized, it must be expressed voluntarily and with a sincere intention to continue the marriage. In A's case, considering the timing of the husband's divorce filing and other circumstances, it is difficult to say that post-forgiveness was clearly expressed.”


Regarding the husband's claim that "there is no property to divide," he said, “The borrowing from the mother must be proven with objective evidence. If not proven, the property directly disposed of will be presumed to be held by the husband and can be subject to property division.”



Regarding the demand to pay child support in a lump sum, he said, “While there have been cases where such arrangements were made by agreement between the parties, it is difficult for a court to issue a ruling based solely on one party's unilateral request.”


This content was produced with the assistance of AI translation services.

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