[Expert Contribution] How should I choose between divorce by agreement and divorce by trial?

The process of deciding to divorce is painful for everyone. The first question many people ask when considering divorce is, 'Which method should I choose between divorce by agreement or divorce by trial?' The type of divorce goes beyond simple procedural differences and varies depending on whether the parties agree or not and the degree of conflict. Therefore, if you are considering divorce, it is necessary to first clearly understand the differences between the two systems.

First, if an agreement on divorce is possible between the couple, divorce by agreement is the simplest and fastest method. Rather than examining the cause, such as the reason for the divorce between the parties, the court is closer to checking whether procedural requirements have been met. However, it is not an easy task to end with a consensus on divorce. If specific agreements such as alimony, property division, custody, and child support are not clarified, many cases lead to further disputes.

Conversely, if one party does not agree to divorce, or if it is difficult to reach agreement on major issues such as custody and property division, the judicial divorce process must be initiated. For judicial divorce, there must be a civil law cause (for example, spouse's misconduct, abandonment, grossly unfair treatment, etc.), and the burden of proof lies with the party who filed the lawsuit. This has the disadvantage of being time consuming and costly, but it is also a means of recovering legitimate rights, such as uncovering the other party's hidden assets or claiming compensation by acknowledging fault. In addition, there are many cases where disputes are resolved relatively quickly through mediation. .

Divorce is a new starting point for a better life. Therefore, divorce methods and procedures must be carefully selected based on legal strategies and interests, not just emotions. In fact, there is an increasing number of cases where lawsuits are filed again over custody or property division after a divorce by mutual consent. This stems from making a hasty and emotional decision without sufficient legal advice at the time of divorce.

If you are considering divorce, it is important to carefully consider the method that suits your situation rather than hastily deciding on the procedure. In this process, it may be helpful to consult expert advice to ensure objective perspectives and legal standards.
 

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[Expert Contribution] Divorce by agreement and divorce by trial: how should I choose? (Shortcut)