Have you got your divorce papers sorted?
DIVORCE.
The dreaded D word that, for many, poses a real threat to life as they know it.
Divorce is also something that, when faced with it, creates immense anxiety coupled with waves of unnatural fear, anger, hatred, concern, or regret. It seems to have catastrophic results, like a natural disaster, often leaving a trail of destruction behind it.
While this could be your truth, you may find some clarity and peace in understanding a few simple facts about divorce papers, proceedings, and other divorce matters.
We will cover:
- Divorce papers and the three types of divorce
- The duration of divorce proceedings
- Issuing divorce papers or the ‘summons’
Divorce Papers and the Three Types of Divorces
Three types of divorce constitute legal in South Africa: contested, uncontested and mediated.
A contested divorce means you and your spouse cannot agree on how to end your marriage, the specifics of your divorce or how the divorce papers should be set out.
These divorces require court appearances and go through the following stages:
- The facts underlying the divorce summons and the defence are established in the pleadings, allowing the defendant to enter a plea and assert any counterclaims.
- Document discovery happens before the trial; the opposing party must be permitted to see any papers used as evidence.
- Pre-trial and trial date request and determination. The divorce petitioner requests a trial date, which the court subsequently allocates.
- Additional discovery/particulars are allowed if one of the parties feels that the other side should reveal more pertinent papers.
Duration of Divorce Proceedings
Contested divorces can continue for years; exhausting everyone involved emotionally and financially.
An uncontested divorce is one in which you and your spouse collaborate to reach a divorce settlement. The same attorney will be fair and impartial and consult with you. The parties can alternatively decide to use their own respective divorce attorneys who will directly negotiate the settlement terms on your behalf with each other. There is a court appearance, and the only party in attendance is the plaintiff.
Thirdly, parties engage in cooperative negotiation through mediation to find a resolution or agreement, where a neutral third party, the mediator, offers assistance.
Issuing ‘Divorce Papers’ or the Summons
The divorce case is considered to have begun when the summons, also commonly known as divorce papers, is served on the defendant personally.
Depending on the specifics of your circumstance and marital contract, working with an appropriate attorney can pave the way for a settlement that benefits all parties.
At Le Roux Attorneys, we can handle your matter with diligence and care. During such a moment, you will need our team to preserve your rights and help you obtain what you are entitled to so that you may find peace of mind, closure, and the ability to go ahead.
Book a consultation with Nicola Le Roux at Le Roux Attorneys to take the next step. And, to keep up to date with all we offer, do follow us on social – LinkedIn and Facebook.
