Page title background (PC version)Page title background (mobile version)

Press Coverage

Numerous media outlets recognize the expertise of Daeryun Law LLC.
Explore interviews, legal commentary, and columns by Daeryun lawyers.

‘Alone’ divorce lawsuit… Seocho divorce lawyer says, “If you lose in the first trial, you need expert assistance in the appeal trial.”

Media daily
Date

2021-07-30

Views 4,565

‘나홀로’ 이혼소송...서초이혼전문변호사 “1심 패소했다면 항소심은 전문가 조력 필요”

Recently, an increasing number of people are pursuing so-called ‘alone’ lawsuits in an attempt to resolve legal issues on their own.Regarding this, experts say that one must be cautious because proceeding with a lawsuit without sufficient legal knowledge can lead to unfavorable results due to information asymmetry.

In particular, in the case of civil rather than criminal cases or domestic cases such as inheritance or divorce litigation, the litigant may lead the litigation alone for personal reasons. However, in the trial, the case is judged based on the evidence presented by each party, so each document submitted to the court and each statement made during the argument date has a significant impact.

Seocho divorce lawyer Shim Jae-guk of Daeryun Law Firm said, "Ordinary people often experience trial and error because they are not familiar with the litigation process. They may not be able to properly convey what they wanted to the court or get caught up in the other side's arguments, so the first trial judgment may be less than expected or the judgment may be taken in a completely unexpected direction." “There are many difficulties with litigation,” he said.

He continued, “There are many cases where you ask for help during a lawsuit or find a professional lawyer after the first trial judgment to inquire about the appeal, but if you have received an unfavorable first trial ruling, the priority would be to reinforce the issues that were omitted or lacking in the first trial.” He advised, “In order to overturn the result of the original trial and win, you need to analyze the cause of the loss, and in the case of civil or domestic cases such as inheritance or divorce, you must appeal within two weeks from the time the judgment is delivered, so you need to be careful about the time period.”

Experts say that because divorce lawsuits involve many issues such as alimony, property division, and custody, solo lawsuits are relatively lacking in legal mechanisms. For example, if the other party hides or disposes of property while a lawsuit is in progress, smooth division of property becomes difficult. To prevent this, the other party's property may be preserved through provisional seizure or injunction. These devices are necessary to ensure that the judgment is paid quickly and smoothly after the end of the lawsuit or to divide property in divorce.

Attorney Shim advised, “As the outcome of a divorce lawsuit is closely related to life after divorce, the lawsuit must be brought together by combining economic issues such as alimony and property division and child-related issues such as parental rights, custody, and child support. In order to obtain a favorable ruling, detailed legal principles and the preparation of legally effective evidence have a significant impact on the outcome, so I recommend determining and preparing the overall direction of the lawsuit with the help of a divorce lawyer.”

Daeryun Law Firm, which provided help, currently has divorce lawyers providing legal assistance on divorce property division, alimony, claims for incestuous incest, and child custody. There are offices in Seoul, Busan, Daegu, Incheon, Gwangju, Daejeon, Ulsan, Suwon, Changwon, Cheongju, Jeonju, Uijeongbu, Chuncheon, Jinju, and Jeju, and the Gwangju branch office is scheduled to open in the second half of this year.



View original article - https://news.naver.com/main/read.nhn?mode=LSD&mid=sec&sid1=101&oid=119&aid=0002431619

In-Person Consultation Booking

If you have legal concerns, consult with a specialist attorney at the nearest office.

Quick Menu

KakaoTalk