Legal Q&A
Q
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Hello. I am trying to divorce my husband, but since we cannot reach an agreement, I intend to proceed through litigation. I decided to divorce because of my husband's fault. If possible, I would like to receive consolation money, and I also want to obtain parental authority and custody of the children. However, I have heard that the divorce litigation procedure is complicated and takes a long time. How long does it usually take?
Divorce litigation procedure
Divorce litigation
Divorce consolation money
Duration of divorce litigation
Parental authority and custody
Answer
Published:
Author : Kuk Il KIM
I see that you have asked about the divorce litigation procedure. Divorce litigation involves many related matters, such as division of marital property, parental authority, and custody, and because each person's situation differs, it is difficult to state the duration precisely.
At the earliest, a lawsuit may conclude within a month, but conversely, litigation can also continue for several years.
In a divorce, agreement between the spouses is the most important part. Conciliation is conducted before trial, but if conciliation is not reached, it proceeds to litigation, so the period inevitably becomes longer.
You said that you decided to divorce due to your husband's fault; in order to be paid consolation money, gathering evidence is the most important part.
If you gather evidence that can prove the fault from now on and respond on that basis, you can shorten the divorce litigation procedure more quickly.
In addition, the custody you mentioned is designated by the family court after it considers various circumstances, such as the parents' assets and the children's wishes.
If you fail to prepare this process thoroughly, it could instead lead to an unfavorable outcome in the litigation.
Therefore, if you have decided on divorce litigation, it is important to receive legal advice from an attorney specializing in divorce and to lead the litigation favorably through logical pleading.

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