“Adultery” has been a persistent issue in our society for hundreds or even thousands of years. It disrupts the peace and stability of the family institution, which is crucial for raising well-adjusted children.
Therefore, the law has intervened to define adultery as illegal and imposes penalties on both our partner who commits adultery and the person involved with our partner.
Today, we will discuss what you need to know if you decide to take legal action against adultery.
Table of content
- What evidence is needed to sue an adulterer?
- What type of case is suing an adulterer?
- Limitations time is 1 year, for suing an Adulterer
- What to expect from suing an Adulterer.
What evidence is needed to sue an adulterer?
Suing an adulterer in legal terms requires clear and substantial evidence to confirm two key violations
1. Engaging in Sexual Intercourse with Your Partner
Proving that sexual intercourse occurred can involve tangible and clear evidence, such as video clips, photographs, or evidence of hotel stays together. Evidence indicating that they spent the night together in the same house or room multiple times is crucial to confirm that your partner had a physical relationship with someone else, which forms the basis for suing an adulterer.
2. Publicly Displaying as a Couple
Evidence in this regard can be messages or pictures on social media platforms such as Facebook, Instagram, or Line, showing that both parties have a relationship beyond normal friendship.
Public displays like traveling together, attending social events together, or even posting romantic messages for each other are evidence indicating a relationship beyond mere friendship.
Other forms of evidence that can be used in suing an adulterer include hotel or restaurant receipts where they were together, evidence of money transfers or gifts exchanged, and testimonies from witnesses who have seen the events or have information about the relationship between your partner and the adulterer.
What type of case is suing an adulterer?
Suing an adulterer is a civil matter, not a criminal one, which means the main objective of the lawsuit is to seek compensation from the person who had an affair with your partner.
Suing an adulterer does not involve legal punishments such as imprisonment or detention, as in criminal cases.
This compensation is a financial reparation for the damage caused by your partner’s infidelity.
In addition to being a civil matter, an adultery case is also considered a family case, which is handled in the Juvenile and Family Court.
This court specializes in managing cases related to family relationships, and judges often prioritize the protection of the family institution.
Therefore, if you are thinking of having an affair, you should be prepared to face this lawsuit, as the chances of being sued are quite high.
Limitations time is 1 year, for suing an Adulterer
Many people mistakenly believe that the statute of limitations for suing an adulterer expires one year after discovering the affair. In reality
if they continue to have a relationship, the statute of limitations does not begin because it is considered a recurring offense each time. Therefore, if they are still having an affair today, you can still sue.
However, what needs to be careful of is that delaying the action for a long time might strengthen the defense of the adulterer by arguing that you consented to the affair or were complicit in allowing it to happen.
For this reason, once you discover the affair, it is advisable to promptly gather evidence, consult a lawyer, and proceed with the lawsuit immediately.
What to expect from suing an Adulterer.
Suing an adulterer can have multiple purposes, depending on the plaintiff’s needs and intentions.
Some may not want to end their relationship but sue the adulterer to make them stop having a relationship with their partner. The possible outcomes from suing an adulterer include:
1. Seeking Compensation
The plaintiff can claim financial compensation for the emotional and economic damage caused by their partner’s infidelity.
2. Filing for Divorce
Suing an adulterer can lead to filing for divorce if the plaintiff wishes to end their relationship.
Divorce and suing an adulterer can be processed simultaneously, with the court considering both cases together.
The strategy behind suing an adulterer can have various hidden motives. Some may use the lawsuit as a negotiation tool to make their partner stop the affair, or as a way to get revenge on the adulterer.
Additionally, suing an adulterer can socially penalize them, causing embarrassment and loss of reputation, which may make them cease their relationship with your partner.
However, suing an adulterer is not a sustainable solution. A healthy and stable family relationship should be built on trust and confidence.
Open and honest communication is crucial in preventing adultery issues, and suing an adulterer should be the last resort when all other methods have failed to resolve the problem.
In conclusion, suing an adulterer requires careful consideration and thorough preparation.
Gathering clear and substantial evidence, consulting with an experienced lawyer, and planning appropriate actions will help ensure the lawsuit’s success and achieve the justice deserved.
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