The 30 days from receiving an affair lawsuit complaint: how to divide them

The clock starts the moment you tear open the court envelope. The defendant must file an answer within 30 days of receiving a copy of the complaint, and if no answer is filed, the court may treat the plaintiff's claims as admitted and give judgment without a hearing (Articles 256 and 257 of the Civil Procedure Act). If a family member living with you received it on your behalf, that day is the reference point, and the deadline does not get longer because you opened the envelope a few days later. If the 30th day falls on a Saturday or public holiday, the deadline runs to the following day. Dividing the 30 days roughly into three stages makes the tasks easier to see.

Week one: read and preserve

Gather the complaint, the attached evidence, the envelope and the guidance notes in one place. Mark the amount claimed, the period of the relationship the plaintiff alleges, and the grounds on which the plaintiff says you knew of the marriage. The most important thing this week is not to delete your conversations with the other spouse. Records favorable to you, such as messages saying they were single, are in there too.

Sometimes a provisional attachment order (가압류) arrives before or together with the complaint. This means the plaintiff has frozen your deposits or wages before judgment, and the money does not go straight to the plaintiff. If you think the provisional attachment is excessive, you can challenge it by filing an objection (Article 283 of the Civil Execution Act), so keep the order together with the complaint.

Weeks two and three: set the direction

Sort the contents of the complaint into what is true, what is wrong and what is exaggerated. Then decide whether to dispute the unchaste act itself, say you did not know of the marriage, argue the marriage had already broken down at the time, or accept liability and dispute the amount. Whichever you choose, pick only arguments supported by the material you have.

If you intend to argue that the marriage had broken down, keep in mind that the defendant must prove it (Supreme Court Decision 2022Meu13504, 13511, June 27, 2024). Rather than the other spouse's word that ‘we were already finished’, you need objective material such as when the separation began or when a divorce suit was filed.

Week four: file first, supplement later

An answer is usually written in two parts. The first states the conclusion, asking for the plaintiff's claim to be dismissed, and the second sets out which of the plaintiff's allegations you admit and which you dispute, with your reasons and evidence. Evidence is submitted together, numbered as the defendant's exhibits, such as Eul No. 1 (을 제1호증) and Eul No. 2.

If you have not finished gathering material, one approach is to file an answer within the deadline stating that you dispute the claim, and supplement the detailed arguments with preparatory briefs. If an answer is filed before judgment is pronounced, judgment without a hearing will not be given (proviso to Article 257(1) of the Civil Procedure Act), but there is no reason to rely on that proviso and miss the deadline.

There are also principles to keep throughout the 30 days. Messages sent to explain yourself become evidence for the plaintiff, and signs of getting stories straight undermine the credibility of your whole account.

• Do not contact the plaintiff or the other spouse to explain yourself
• Do not coordinate your account with the other spouse
• Do not pour out the story of the case to people around you