[Smiling] Pregnant after dating a 男 I met during the divorce meditation period... "My ex-husband says he's her child."

□ Broadcast date and time: November 19, 2024 (Tue)
□ Host: Attorney Jo In-seop
□ Starter: Attorney Soyeon Kim

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.


◇ Lawyer Cho In-seop (hereinafter referred to as Cho In-seop): It's the season when blue crabs and prawns are delicious. Every food is in season. Even if you rush in a hurry, you can taste it properly only at the right time. Wouldn't people be similar? The season of life, which has a taste in life, will definitely come. Let's wait together until then. Lawyer Cho In-seop's Counseling Center will open now.

◇ Jo In-seop: Lawhouse for you, <Jo-dam-so> Kim So-yeon, defense Soyeon Kim. Hello?

◆ Lawyer Soyeon Kim (hereinafter referred to as Soyeon Kim): Hello, I'm lawyer Soyeon Kim of Shinsegae Law Firm.

◇ Jo In-seop: Now... What's the story of today's worries?

□ My grandfather is the chairman of a pretty big company, so I grew up pretty rich. There was also a person who promised to marry in the family from a young age. The other party was also the eldest son of a fairly large company and a person who would succeed his father as a manager in the future. In addition, he is handsome and tall. I got married to him after studying in the United States. I found out he had a girl right after he got married. I asked if this wasn't right and she said she felt sorry for her and couldn't break up. I didn't get married because I loved her, so I put the judgment on hold for now. After a while, I found out that my husband even had a child with her. I couldn't take it anymore, so I chose a consensual divorce. I met a man like fate during my pre-divorce meditation. He was a person who understood all my pain and encouraged me to start anew. After I filed for divorce, I officially began dating and am currently looking to remarry. I also have his child in my stomach right now.When my husband heard about my situation, he came to the front of the house and got very angry. He swore at me for cheating on me, and said that the child was his child. First of all, I ignored the person who cheated on me, saying there was nothing I couldn't do, but on the other hand, I feel uncomfortable. Is this person right?

◇ Cho In-seop: "Jo In-seop's Counseling Center" It's a complicated story. How did you see the lawyer Soyeon Kim?

◆ Soyeon Kim :

◇ Cho In-seop: If you know your ex-husband's cheating and put it on hold for now, can you no longer claim divorce or alimony?

◆ Soyeon Kim: Civil law states that divorce caused by irregularities cannot be claimed with prior consent or after-excuse. However, in this story, you did not clearly forgive me, but let's wait and see, and you put your judgment on hold, so I don't think it can be seen as forgiveness. Forgiveness should have the will to put aside all the bad feelings and continue the marriage. However, even if you forgive him, if there are other serious reasons that make it difficult to treat him severely unfairly or continue the marriage, this is a cause for divorce in court. In this story, your ex-husband continued to cheat even if he was caught, so you can claim a divorce. You can also claim alimony. However, since you've already had a negotiated divorce, you wonder if you can still claim alimony. If you have known cheating for less than three years, you can still claim alimony.

◇ Cho In-seop: Is it cheating if I have relationship during the consensual divorce meditation period?

◆ Soyeon Kim: Even during the considered period of consultation divorce, dating and meeting with another reason can interfere with efforts to restore marriage relations and betray trust. However, in this case, it seems that the marriage relationship has already broken down because the ex-husband is already out of wedlock. I wonder if there was any trust to protect. It was during the meditation period that you got to know your prospective spouse, but you said that the formal relationship started after you settled your marriage with a divorce report, so I don't think it can be seen as cheating.

◇ Jo In-seop: If you had a child with a spouse who remarried shortly after your divorce, would this child be the child of the ex-wife?

◆ Soyeon Kim: Maybe your ex-husband is talking about the presumptive birth clause of the Civil Code. The civil law assumes that the child who is pregnant during marriage is the husband's child, according to the assumption of the husband's biological child. Even if they divorce, it is estimated that children born within 300 days of the end of the marriage are pregnant during the marriage. If your child is born within 300 days of reporting the divorce, there is room for it to be presumed to be the child of the ex-wife. You may ask the court for permission from your birth wife so that the presumption does not fall short through genetic testing and verification of long-term separation. In addition, the civil law estimates that the child born 200 days after the marriage was established is also pregnant during the marriage. If you are born 300 days after the end of your previous marriage and 200 days after remarriage, you will receive a double birth estimate. In this case, you may request the court to decide.

◇ Cho In-seop: How long does a lawsuit like this usually take?

◆ Soyeon Kim :

◇ Jo In-seop: Now, to summarize what we've done so far... Divorce and alimony claims are possible because they are not considered forgiveness if you know of the cheating and withhold it. During the consultation divorce meditation period, sexual intercourse may be an act of betraying trust, but it is difficult to see it as cheating because the marriage has already broken down. According to the civil law, pregnant children during marriage are presumed to be the children of their husbands, but genetic testing and long-term separation demonstrations are expected to reveal the facts. So far, I've been with the Soyeon Kim lawyer.

◆ Mr. Soyeon Kim: Thank you.

◇ Cho In-seop: You can listen to <Attorney Cho In-seop's Counseling Office> again on YouTube. If you have any questions or suggestions, please comment.