
Legal Q&A
Q
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I am planning to go through a divorce, and I have found that there are various types, such as mediated divorce and litigated divorce. But since an agreement probably will not be reached, it seems I will end up in a litigated divorce, and I heard that the cost difference is large. How much difference is there between the cost of a mediated divorce and the cost of a litigated divorce??
mediated divorce cost
Answer
Published:
Author : Kuk Il KIM
The difference between the cost of a litigated divorce and a mediated divorce is ordinarily several million won or more, and if a case becomes prolonged, that gap can grow even wider.
In general, because a litigated divorce proceeds on the premise of litigation, it can involve a considerable cost burden.
In particular, when several issues such as division of marital property, consolation money, and custody are handled together, there are quite a few cases in which the cost exceeds the range of a million won, and the more complex the matter and the more intense the dispute, the more the cost can expand into the range of tens of millions of won.
By contrast, because the cost of a mediated divorce proceeds by reaching an agreement through the court's mediation procedure, there are relatively many cases in which it concludes at around 2 million won on average.
As such, because the mediated divorce procedure is relatively simple and short, the cost is considered a realistic alternative that can reduce the overall cost burden.
In other words, if mediation is amicably established, there is a strong likelihood of resolving the matter for less than half the cost of a litigated divorce.
However, applying for mediation does not necessarily mean that it will be established.
Even if the parties agree to the divorce itself, if their differences over the ratio of property division, the amount of consolation money, and the issues of child custody and child support are not narrowed, the matter will ultimately have to move to litigation. In that case, additional litigation costs may arise on top of the mediated divorce cost, and the more prolonged the procedure, the more the overall cost burden may also increase.
In addition, the overall litigation cost and outcome can vary greatly depending on the initial response strategy.
There is also a risk of bearing time and cost twice if, in an attempt to reduce costs, one tries to negotiate without sufficient review and the negotiation breaks down.
Therefore, after closely analyzing the issues of the case and the other party's attitude, it is important to judge strategically whether mediation offers a practical benefit or whether it is more advantageous to prepare for litigation right away.
For details related to divorce, please confirm through a consultation with a divorce attorney.
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