A man has shared his predicament after his wife filed for divorce against him.
He said he had stumbled upon his wife's phone one day and found it filled with intimate late-night messages exchanged with another man. The discovery coincided with a period when she had begun staying out overnight more frequently. When he confronted her about it, she turned the tables on him — accusing him of being a jealous, controlling husband — then left the home and filed for divorce, demanding alimony.
YTN Radio's legal advice program "Attorney Jo In-seop's Counseling Center" featured the man's story Friday and offered guidance on his legal options.
According to the account, the man, identified only as A, was in a remarriage with his wife, and the couple had a child together. His wife worked as a little-known trot music singer. When she had many performances, she was often unreachable and sometimes did not come home at night.
"But as time went on, my suspicions grew," A said. "One day I happened to see my wife's phone. It was full of intimate messages she had exchanged late at night with another man. It lined up exactly with the period when her overnight absences had become more frequent."
"I couldn't just let it go, so I demanded an explanation on the spot. She just made excuses," he said. "I was overwhelmed by a sense of betrayal and said some harsh things. I still regret what I said that day."
"But what really stunned me was my wife's reaction," he added. "She turned on me as if she had been waiting for the chance, calling me a husband with a severe jealousy problem. I apologized for what I had said, but she walked out of the house, leaving our young child behind."
"Not long after, she filed a divorce lawsuit against me and is demanding alimony on top of it," he said. "I do not want a divorce. I want to keep our family together, for our child's sake."
Wife's divorce claim unlikely to succeed, attorney says
Kim Mi-ru, an attorney at law firm Shinsegae Law, said that while A had acknowledged using harsh language toward his wife, it appeared to have been a momentary, impulsive reaction after seeing the messages she had exchanged with another man. "The wife engaged in behavior that gave ample grounds for suspicion — coming home late citing work, going out of contact — yet rather than trying to clear up the misunderstanding and rebuild trust, she seems only to be pressing her own claims," Kim said.
Kim added that it was difficult to view A's conduct as treatment so unreasonable that continuing the marriage would be considered cruel to the wife. "It is hard to see this as a situation where being forced to continue married life would cause unbearable suffering for an ordinary spouse," she said. "The wife's divorce claim does not appear likely to be granted."
Kim said it also appeared unlikely that A would be held liable for alimony. "Recent case law holds that marriage is inherently a union of two separate individuals, and conflict and difficulties are to be expected — but that alone does not constitute a breakdown of the marriage if both parties have not made a genuine effort to work through those issues together," she said.
"Even while a divorce suit is pending, A can file a preliminary disposition request asking that child support be paid during the proceedings," Kim added. "If the wife's divorce claim is dismissed and she still refuses to return home and does not pay child support, A himself could then file for divorce. And if he does not want a divorce, he can separately claim spousal support and child support from her."
Kim also noted that if the wife continued to stay away from home without justifiable cause even after her claim was dismissed, A could file a petition for a cohabitation order under Article 826, Paragraph 1 of the Civil Act, which establishes the duty of spouses to live together.
yul@heraldcorp.com