"My husband had an affair... I can't believe it. What should I do now?"
For a foreigner, just continuing life in Korea can be difficult. Facing the betrayal of a trusted spouse on top of that brings a level of shock that is hard to put into words.
If the spouse’s infidelity has left you to care for a child alone, the emotional pain is compounded by the real-life burden of supporting yourself and your child—making the situation even more overwhelming.
When infidelity or conflict with a spouse leads to the breakdown of a marriage, it goes beyond emotional distress and develops into a complex legal matter.
In such cases, multiple legal challenges arise at once—proving grounds for divorce under international law (e.g. China), determining parental responsibility, and maintaining immigration status. For foreigners unfamiliar with the Korean legal system, this can feel especially burdensome.
At times like this, rather than struggling alone, it is far more practical to seek help from a legal representative experienced in supporting foreigners—someone who can help you find both realistic solutions and legal strategies to move forward.
Contents
1. Client’s Situation and Background
2. Key Issues and Resolution Process
3. Case Outcome and Client Benefit
4. Final words
1. Client’s Situation and Background
The client, a national of Hong Kong, settled in Korea after marrying a Korean man in 2011 and had been raising one child while maintaining a family life.
However, starting a few years ago, the husband began staying out overnight repeatedly and exhibiting unexplained behavior, which gradually led the client to suspect the possibility of an affair.
After closely monitoring the husband’s actions, it was revealed around 2023 that he had been in a long-term illicit relationship with another woman. This was substantiated through various pieces of evidence.
Shocked by the discovery, the client experienced emotional instability and symptoms of depression. Concluding that continuing the marriage was no longer possible, she returned to her home country with the child.
Subsequently, she initiated a compensation claim lawsuit in Korea against the woman involved in the affair, holding her responsible for the breakdown of the marriage.
2. Key Issues and Resolution Process
In this case, the legal arguments were centered around the following three key issues:
① The Existence and Repetitive Nature of the Affair
It was clearly confirmed through specific evidence that the husband and the other woman had maintained a long-term and continuous relationship. Based on consistent details such as time, location, and behavior, it was emphasized that their connection went beyond a simple friendship. This repeated interaction was viewed as a serious violation of the core essence of the marital relationship.
② The Actual Breakdown of the Marital Relationship
After discovering the affair, the client returned to her home country with the child, and all communication with the husband effectively ceased. With no financial support provided, the client had to take sole responsibility for raising the child and supporting the household. The prolonged period of practical separation highlighted that the marriage was no longer repairable—a fact that was clearly conveyed to the court.
③ The Legitimacy of the Compensation Claim by a Foreigner
The affair was the direct cause of the marital breakdown, and the psychological distress and financial hardship suffered by the client were significant. Beyond emotional suffering, the client had to take on the full burden of child-rearing and household livelihood. Based on this, the legal responsibility of the other woman was strongly asserted, and the validity of the foreigner’s claim for damages was firmly argued.
3. Case Outcome and Client Benefit
The court determined that the affair between the husband and the other woman was a major cause of the breakdown of the marriage.
As a result, the other woman was ordered to pay 30 million KRW in damages, allowing the client to secure meaningful compensation.
4. Final words
If your family has fallen apart due to your spouse’s wrongdoing, it’s important not to let it end with just a separation—but to establish a proper legal strategy that can support your life moving forward.
Facing Korea’s legal system and procedures alone, especially as a foreigner, can be far more complex and overwhelming than expected.
To hold the other party accountable in a Chinese international divorce case, you need not only clear evidence and circumstances but also a well-prepared legal strategy.
In such situations, you don’t just need general advice—you need practical support from a legal expert with experience in both Chinese international divorce proceedings and foreigner immigration matters.
Don’t try to carry the burden alone. From this moment on, consider finding a trustworthy professional who can walk with you and help guide you toward a solution.
Multilingual consultation available in English and Chinese.
Professional interpreters assist from the first consultation to the conclusion of the case.
Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju
Don’t face the legal system alone. Let Majung fight for you!
