[Chatting] "I miss home-cooked meals. Living with a fellow 女..." The secret life of a goose dad.

□ Broadcast date and time: 01/03/2025 (Fri)
□ Host: Attorney Jo In-seop

* The text below may differ from the actual broadcast content, so please check the broadcast for more accurate information.
★ Jo In-seop: If you look at a person's life, life is a drama. I don't know how many characters are in the drama and what will happen, but the ending will be a happy ending. <Attorney Cho In-seop's Counseling Office> Today is Real Theater Day, where your story is turned into a drama.

◆ I am a mother of a 12-year-old son. After spending 6 years alone with my son in the Philippines, I have returned to Korea for a while for vacation. I went to the Philippines for my child's English education, as you might expect. Was it about 7 years ago? I met a couple of friends who lived abroad, and the child was really good at English. My husband seemed quite surprised to see it. But when I tried to study abroad, the United States and Canada were too expensive. So I decided to go to the Philippines.I'll go with my child, and my husband will make money in our country and send me living expenses. That's how I came to the Philippines with my child. My husband made a video call with his child every morning and evening.It's said that it's the only joy of the day. My son adapted well to his study abroad life. My English has improved so much that I can pronounce very well with F and V. As a result, my husband and I got greedy. Originally, I was going to go back in a year or two, but I wanted to stay a little longer. My husband thought the same as me. stay like that for a few more yearsLooking at it, it's time for my child to go to middle school, and he doesn't want to go to Korea, and I think it's better to study where I want to be, rather than suffering from severe educational competition in Korea. So I carefully organized my Korean life and asked my husband what it was like to live in the U.S. or Canada, not my family, the Philippines. But the answer was shocking.

◇ M: Ah... I... Um... Honey, don't be so upset and listen... Actually, I... It's so lonely to live alone as a goose dad... I need some kind comfort. I want to eat warm home-cooked meals. Anyway, so I've been seeing someone else for a while... Well...! Honestly, I sent you enough to send you living expenses by myself. I've done as much as I can. I want to be free now... Frozen...

◆ YA: What???

◇ M: We... Let's put a dot on the letter "nim". A guy... Divorce...

◆ It turned out that the husband was not a senior, but a different woman... Recently, she even became pregnant. As soon as I heard about it, I came to Korea with my child, but I don't know what to do. I guess I went to study with my kid. I'm so confused. Lawyer! Help me!

★ Jo In-seop : Lawyer's Counseling Center Let's talk with the main character of today's story.

◆ [Female] Attorney... My husband said that life as a goose father was so lonely that he lived in two houses with another woman. Besides, she... He even had a baby... Ha... How could you do this? What do you mean two houses! What do you call the housekeeping of two houses... Middle... Middle... What did I say?

★ Jo In-seop : During his marriage to you, your husband lived with another woman and had a child, which effectively resulted in a de facto marriage. In this legally married situation, having a common-law marriage with another person is called a serious common-law marriage.

◆ YA: Ah... All right... Divine common-law marriage... That's... By the way, my husband says it's a common-law relationship because he only didn't register his marriage with her, he started a family and had children together, which is similar to the couple who registered their marriage. It this for real?

★ Jo In-seop : Although common-law marriages are protected in accordance with legal marriages, they are not protected until serious common-law marriages. However, there is a Supreme Court precedent that, in the case of special circumstances where the legal marriage with the original spouse is actually divorced, the serious common-law marriage can be recognized and protected as common-law marriage.

◆ YA: Ah?! Special circumstances? Oh... Is it that? My husband and I lived apart for a long time. Is that... Could it be the special circumstances you mentioned?

★ Jo In-seop : Although you have lived apart from your husband for a long time, this is not a special circumstance that could effectively indicate that your marriage to him is actually divorced. The reason for separation is not because of the conflict between the couple, but because of the education of their children, and because this study abroad was decided after consultation, and there was no conflict in the process of studying abroad, so it is difficult to see this state as a divorce. In this case, if the marriage broke down, there seems to be a reason for liability on the husband's side. If your husband's life as a goose father was very difficult, it seems that the order is to discuss returning home or other options with him first. It is difficult to understand that he even set up a house with another woman because he was lonely without any consultation when he was living apart because of his child's study abroad.

◆ YA: Oh, right? Well, then... Can I file for divorce from my husband?

★ Jo In-seop: Yes. In this case, I think your husband cheated. It seems that you may seek a divorce from your husband and receive alimony.

◆ YA: Oh really? Then... How long do I have to file for divorce?

★ Jo In-seop : If you want to file for divorce for this reason, you must file for divorce within 6 months and 2 years from the date of cheating because cheating is the reason. And if the other woman knew about her husband's marriage and could prove it, she could file a lawsuit for alimony against the other woman.

◆ YA: Ha... But when I think about my kids, it's kind of hard to get divorced... What would happen if I didn't divorce him and he cleaned up with her? Should I share my husband's property with her?

★ Jo In-seop: As I mentioned earlier, since serious common-law marriages are not protected by common-law marriages, the right to claim property division or alimony is not recognized. If you do not divorce, there will be no situation where you will have to divide your marital joint property to another person.

◆ YA: Ah... Really? I'm glad I didn't have to hand out my property. But... She's pregnant. Even if she doesn't get divorced and comes back to me and my son, is she responsible for the baby?

★ Jo In-seop: Yes. If a child is born, your husband should be responsible. Since the child to be born is out of wedlock, the husband can recognize it or the other party can claim it, and in any case, if the father-son relationship is formed, the obligation to support is recognized. It seems that your husband will pay child support according to the obligation to support.

◆ YA: Ha... The more I think about it, the more I feel angry and upset... I'm going crazy... I hate going to the Philippines with my child, and I hate my husband even more. But still... Just talking to the lawyer makes me feel better... I feel like I've got some strands.

★ Jo In-seop: I'm glad you were helpful. You didn't do anything wrong, so don't blame yourself too much. I hope you think about it and make a decision. a counseling center for lawyer Cho In-seop We've met today's storyteller.