[Chatting] "It's not even a cuckoo".Giving birth to another 男 during divorce lawsuit to her ex-husband?

□ Broadcast date and time: October 25, 2024 (Fri)
□ Host: Attorney Cho In-seop

* 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): < Attorney Cho In-seop's Counseling Office> Today is Real Theater Day, where your story is made into a drama.

◆ Male: I first met at university. When I was in school, my wife was so pretty that she was noticeable from a distance and had a lively personality. That's why it's always been popular. On the other hand, I didn't like to stand out. Then it was one day. My wife came to the convenience store where I work.

◈ Woman (wife in her 20s): Huh? Were you working here? It's in front of my house! ! I used to go to the convenience store across the street, but now I have to come here. What time do you work until today?

◆ Man: My wife came all the time and we got close quickly. After a late-night part-time job... and then... when I came to my senses... . It has developed while my wife is visiting my own room. Yes, I can't believe it, but... it's been a couple. A year has passed, and it was just after I graduated from college and got a job at a company. She put out a picture.

◈ Yeo: There you go. Look at this picture.

◆ M: Huh? What's this? Why is the picture so dark? What did you take?

◈ Yeo: Yes. It's my baby picture. Ultrasound picture. I'm pregnant. What should I do?

◆ M : Im...shin? Really? You're pregnant? Oh, well, maybe we should get married, right?

◈ [Female] Marriage? Are we getting married? Are you telling me to give birth to a baby?

◆ M: I contacted my parents in the countryside. My son, who was calm and sincere, declared that he was getting married because he had a child as soon as he got a job. . . His parents were surprised. After many twists and turns, we got married. But what would a couple who just graduated from college do? In particular, my wife said that she never turned the washing machine at home. I was surprised because I didn't even know how to turn it on.

◆ M: Excuse me. When I was washing the machine, I told you that I have to turn the colors and the colors separately, right? Look. The clothes are all messed up because I turned it around with the black clothes.

◈ YA: Huh? You're right. There's nothing we can do! Just wear it. I can't help it! But doesn't it smell good? I put it in with the air freshener to make it smell better.

◆ Man: My wife didn't know how to handle an electric rice cooker, and I was getting full, so I had to take care of all the housework. In the meantime, I got a job, and a few months later, my daughter was born. Nevertheless, the situation has not changed. It's been five years like that.
◆ M: Honey~ I'm here! Oh, I'm hungry! Do you have food?

◈ YA: Huh? You're here? There's no rice in the rice cooker. Let's cook ramen.

◆ M: No... What did you do without eating while you were home? It's not hard.

◈ YA: I'm sorry. I forgot. If you don't like ramen, should we eat delivery food?

◆ M: No... You want me to feed him delivery food again? You just have to heat the stew, so hurry up and cook some rice. And what's with the house? I told you to vacuum up when you go out in the morning. Let's wash the dishes~

◈ YA: I'm sorry~ I got my nails done today! If you do the dishes, your nails will get damaged. I'll make sure to clean up tomorrow. All right?

◆ B: Do some laundry too~ I don't have anything to wear! Huh? It's not like I'm looking for anything great. Do I have to work all day and do housework? You said you'd give me a resume! How'd that go?

◈ YA: Well, that's not good. I guess I have to be a full-time housewife! I'm kind of in sync. Honey, stop nagging me and take a picture of me. Don't you think I'm sexy with an apron on? I need to upload it on my Instagram. Oh! I think it'll be perfect if you stand over there and take a picture.

◆ Man: My wife wasn't interested in housekeeping and childcare. I always played mobile games or Thangstagram. I was getting tired. Then one weekend, my wife was taking a nap and I was cleaning the house when I saw her messenger logged into her computer. And I was in shock. "I love you" with a guy. "I'll be your girlfriend. ” We were exchanging messages like this. My wife was cheating on me. I questioned my wife as soon as she woke up. My wife was more calm than I thought.

◈ Yeo: Can't you understand me? You're the only guy I've ever met. Don't you feel so sorry for my life? And it wasn't between the stars. I just ate.

◆ B: I've only met my wife so far, but she really doesn't know me. In the end, we decided to divorce. After consulting with my parents, I filed for divorce and alimony against a man who was having an affair with his wife. As soon as she received the divorce, she went home. The divorce lawsuit didn't end quickly and continued for a long time, but eight months later... It was a little strange to see my wife present at the trial. The boat was standing out. I immediately asked if I was pregnant.

◈ Yes, I broke up with the man you know and met a new man. I'm married, too. We're gonna get divorced anyway, aren't we? Don't worry about it~

◆ Man: My wife gave birth during the divorce proceedings. But I found out something amazing. You registered the birth of another baby boy as my child, right? How could you do this? What should I do? Lawyer! Help!

◇ Cho In-seop: "Jo In-seop's Counseling Office" Let's talk with the main character of today's story.

◆ M: Attorney. The more I think about it, the more absurd it is. My wife is pregnant with another boy during the divorce. That alone is a bit absurd, but I can't stand registering the child as my child. Is there any way to correct it?

◇ Jo In-seop: When a child is born, pregnancy and childbirth clearly reveal who the child's mother is, but it may not be clear who the child's father is. In order to prevent legal confusion and protect the born child, our civil law stipulates that children who are pregnant while their wives are married are presumed to be the children of their husbands. In addition, in the case of premarital pregnancy, children born 200 days after the date of marriage are also presumed to be children of the legal husband, and even if they are divorced, children born within 300 days of divorce, that is, the end of the marriage, are also considered pregnant during marriage and are presumed to be children of their ex-husband. However, in the case of the story, even if the sender and the other party agreed to and separated from each other while filing for divorce, the divorce has not yet been established, so the two are legally married, and the sender is legally the spouse of the other party. As a result, the presumption of birth of a child who gave birth during the divorce lawsuit as the child of the sender, who is a legal husband, has become effective. However, since the effect of this presumption of birth was caused by law, it cannot be a personal agreement between the parties to break it, but the presumption must be denied through a lawsuit by the wife of the birth or a request for permission from the wife of the birth within two years of knowing that she is not the child. The sender will be able to reveal the circumstances and long-term separation, and easily reveal that the child of the other party born during the divorce lawsuit is not the child of the sender through scientific methods such as genetic testing.

◆ M: Of course. What happens after you file that lawsuit and it's acknowledged that he's not my biological child?

◇ Cho In-seop: Once the biological wife is quoted, legally, the client is removed from the position of the father of the child. Currently, the family relations register consists of parents, current spouses, and children centered on the person concerned, so in the case of the story, B's child would have been listed as the child of the sender by the other party's birth registration, but if the birth wife's complaint is cited, the child will be excluded from the child of the sender. On the other hand, in the case of a born child, if the birth estimate is broken, it will be corrected to a state in which only the mother is listed without a register in the family relationship register. At this time, the B boy can file a direct recognition report as the biological father of the child, and if he refuses to file a recognition report, the other party may file a recognition claim against the B boy. When recognition is made, the child's biological father, B, will be listed as a father in the child's family relations register.

◆ M: It's a bit difficult, but I'll do it step by step. By the way, she met two men. First of all, the man he cheated on, the baby daddy... the two of them. First, I'll call the man who cheated A and the baby daddy B. I originally filed a alimony suit with my wife and A as co-defendants, can I add B to this?

◇ Jo In-seop: Initially, the sender filed a divorce and alimony lawsuit with the other party and man A as co-defendants. However, while the divorce lawsuit was continuing, the other party gave birth to a newly met B's child and reported the birth as the child of the sender, and I fully understand the writer's desire to hold him accountable for this, but it is not allowed to add a third party, B, as a party to the ongoing lawsuit filed against the other party and A. In other words, you can't hold B man responsible by adding B man to the ongoing divorce lawsuit. However, regarding the responsibility of the other party, who is the spouse, although it was filed for divorce due to cheating with man A, it is expected that unusual circumstances such as meeting man B and giving birth to a child of a spouse who is in divorce proceedings will be significantly reflected in the calculation of the alimony amount.

◆ B: What about a claim for damages? I'd like to make a claim against B.

◇ Jo In-seop: The sender may file a lawsuit for damages against the other party and the other party, A, separately from the ongoing divorce and alimony lawsuit against the other party. However, from the point of view of man B, when he met with the other party, the writer and the other party agreed to the divorce itself and continued to file a divorce lawsuit to determine the specific terms of the divorce. In other words, it is possible for the sender to file a separate lawsuit for damages against man B, but it is questionable whether man B's liability for damages will be recognized.

◆ M: Yes, I see! Really... I never thought I'd do this in my life. But I'll try. Thank you.

◇ Cho In-seop: Yes, thank you. <Lawyers Cho In-seop's Counseling Office> We met today's storyteller.