[Getty Images Bank]
[Getty Images Bank]

A woman who married a man she met on a flight to San Francisco — only to later discover he had been divorced twice and had children from a previous relationship — is now asking whether she can have the marriage annulled.

The woman, identified only as A, shared her story Friday on YTN Radio's "Jo In-seop's Legal Consultation," saying she first met her now-husband on a flight she took during a vacation to San Francisco.

The man told her he was traveling to the United States to visit his parents and introduced himself as a businessman. The two continued seeing each other after returning to Korea and ultimately married six months later, but the marriage was far from smooth.

Her husband was caught making secretive late-night phone calls, and when she pressed him on it, he admitted he had been married and divorced before they met — and that he had a child with his ex-wife. His educational background, his parents' address and his family history also turned out to be false.

A was pregnant at the time and was deeply shaken by the revelations, but decided to stay in the marriage for the sake of the child she was carrying.

The conflict continued, however. When their child was around 5 years old, her husband left the home, abandoning A and the child.

He sent living expenses at first, but stopped even that once the child reached the upper grades of elementary school.

A was ultimately left to support herself and raise the child alone. Her husband's debts eventually forced their home into a court auction, compelling her and the child to vacate.

In the course of all this, A also learned — belatedly — that her husband had not been divorced once before their marriage, but twice.

"If I had known these things before we married, I probably would not have gone through with it," A said. "I want to completely end a marriage built on lies and deception."

She asked for advice on three points: whether the marriage could still be annulled on the grounds that her husband had concealed his prior marriages and children; whether she could claim compensation for the emotional suffering she had endured; and whether she could seek back payment of the living expenses and support he had failed to provide since leaving.

Attorney Kim Mi-ru said the husband's concealment of his prior marriages, children, educational background and family history could constitute grounds for annulment. "Whether a person has been married before and whether they have children are important factors that significantly influence a person's decision to marry," Kim said.

However, Kim cautioned that annulment is no longer available once three months have passed from the date the deceived party discovered the fraud. "In a case like this one, where more than 15 years have passed since she learned the truth, annulment would be difficult," she said.

Kim added that divorce and a claim for damages remained viable options. "If the husband left the home and for a long time neither provided living expenses nor saw the child, divorce and a compensation claim are possible," she said.

On the question of child support arrears, Kim cited a recent en banc ruling, explaining that the statute of limitations on unpaid child support begins to run only after the child reaches adulthood. "You can claim unpaid child support going back up to 10 years from the date the child became an adult," she said, "so past support that was never received can still be pursued."


yeonjoo7@heraldcorp.com