When it's been nearly 3 years since you found out about the affair

• The day you first learned of the affair and who the affair partner was
• Whether the two continued their relationship after that, and when they last met
• Whether you divorced and, if so, the date (the date the divorce by agreement was registered or the date the judgment became final)
• Whether you have ever sent a certified letter or filed a lawsuit
• Whether the affair partner has ever acknowledged that they would pay

A claim for damages in tort lapses 3 years after the day you learned of the damage and the wrongdoer, or 10 years after the day of the wrongful act (Civil Act (민법) Article 766). If you stay married and claim against the affair partner, the 3 years usually run from the day you learned of the affair and the affair partner. The 10 years run from the day of the infidelity regardless of when you learned of it, so something that happened very long ago is hard to claim for even if you only found out recently.

The Supreme Court has held that when infidelity breaks down a marriage and leads to divorce, the harm for divorce compensation (위자료) becomes fixed when the divorce is finalized, and the 3-year limitation period runs from the dissolution of the marriage (Supreme Court Decision 2025므10716, rendered January 29, 2026). Even if more than 3 years have passed since you learned of the affair, if that affair led to your divorce, you may still be able to claim against the affair partner within 3 years of the divorce.

The same ruling stated that a compensation claim against an affair partner on the ground of divorce is a family court case, while a claim targeting an individual act of infidelity regardless of divorce is a civil case. The starting date and the court differ depending on which way you claim. The date the marriage was dissolved is the date the divorce was registered for a divorce by agreement, and the date the judgment became final for a judicial divorce.

If you have been putting off a claim because you didn't know the affair partner's name and address, you can file a lawsuit with just a phone number or bank account number and confirm their identity through a court fact inquiry (사실조회). If you're worried about the deadline, consider filing first rather than waiting until you have all their details.

You can argue that the day you "learned of the wrongdoer" is when you became able to identify who the affair partner was. Keep separate records of the period when you knew only a phone number and the time you confirmed their identity.

If the two kept meeting after you learned of the affair, those later meetings can be considered separately. Even if the limitation period for the original affair has run out, you can claim on the basis of more recent infidelity. In that case, the complaint sets out, by date, which period of meetings forms the basis of the claim.

Making a claim by certified letter (내용증명) alone may not be enough. An out-of-court demand interrupts the limitation period only if you follow it with a lawsuit or similar step within 6 months (Civil Act Article 174), so if the deadline is near, it is safer to file the complaint quickly.

• Concluding on your own that the deadline has passed and giving up
• Contacting the affair partner directly to get them to admit liability so as to extend the limitation period (this can lead to accusations of threats)
• Sending only a certified letter and letting 6 months pass
• Coming to a consultation without documents showing the date of the divorce

Jisan Law lines up in a table the day you learned of the affair, the last meeting and the date of the divorce, and decides which court to file in and with what claim. If the deadline is near, we also consider filing the complaint first and supplementing the evidence during the lawsuit. A managing partner consults with you personally, and you can send us a message through the chat on this page at any time.