Man told wife to 'find her own happiness' while seeing another woman — then sued her new partner for damages

A man who began a relationship with a married woman while she was separated and had filed for divorce is now facing a damages lawsuit brought by her husband — and has turned to a legal advice program for help. The man argues he only became involved with the woman after her marriage had already effectively ended, pointing to her husband's own behavior during the separation.

The case was featured Monday on YTN Radio's legal advice program "Jo In-seop's Counseling Office." The man at the center of the dispute, identified as A, runs a writing class.

One of the class's most popular offerings was a session in which participants processed personal pain through writing as a form of emotional healing.

It was through that class that a woman identified as B enrolled and wrote about the difficulties she had endured in her marriage.

B disclosed that her husband had habitually subjected her to verbal and physical abuse and had been neglectful of their family. She had filed a mutual-consent divorce confirmation request with the court and was living separately from her husband. She added that her husband had begun seeing another woman almost immediately after the separation, and when she confronted him, he told her, "We're done — stay out of my life and go find your own happiness."

A helped B channel her pain into writing, and the two naturally grew closer. After spending a long time talking and confiding in each other, they eventually became romantically involved.

Recently, however, A received an unexpected lawsuit.

B's husband filed a damages claim against A, alleging that A had engaged in an improper relationship with his wife and caused the breakdown of their marriage, and demanding that A pay consolation money.

A pushed back, saying, "When we first met, B's marriage had already collapsed. I became her partner only after their relationship was over. Yet her husband is trying to pin the blame for destroying the family on me. I want to know how to respond."

Attorney Park Su-min of Shinsegae Law Firm said that if the marriage was already broken beyond repair before A began his relationship with B, A was very unlikely to be held liable for damages, and that the evidence available put him in a favorable position.

Park particularly noted that a mutual-consent divorce filing and physical separation were the most objective and official indicators that a marriage had broken down. He said the husband's own conduct — seeing another woman immediately after the separation, making statements acknowledging the marriage was over, and his history of verbal and physical abuse — could all serve as important factors in the court's assessment.

The attorney advised A to gather supporting materials, including the court receipt or case number from the mutual-consent divorce filing, text messages in which B's husband acknowledged the marriage was finished, photographs or other evidence showing he was dating another woman shortly after the separation, and written statements from family members or relatives who were aware of the abuse.

Park went on to say that if all of those circumstances were connected, a court would have no choice but to conclude that the marriage had already broken down by the time A met B. He explained that A should file a written response with the court requesting that the plaintiff's claim be dismissed and attach the relevant evidence.