Process of Divorce:
While the process of divorce is fairly straightforward in South Africa, details of the process may depend on what method of divorce a married couple utilises, and of course, the nature of the divorce. For example, if a couple wishes to get divorced, and they are in agreement with regards to the terms of the divorce, it is uncontested divorce. Uncontested divorce is when a married couple can come to an agreement about the terms and children of divorce prior to actually starting the divorce action. In uncontested divorce, usually only the plaintiff will appear in court and he/she may have her divorce lawyer Johannesburg present. Uncontested divorce is more affordable, less traumatic, and far quicker to conclude than contested divorce, for instance. Contested divorce can take years to conclude, and leave a deep hole in your wallet. It can also to added stresses and trauma for children involved.
Uncontested divorce also paves the way for other methods of divorce. Such methods are DIY divorces, in which case a divorce lawyer Johannesburg is not actually necessary. The married couple wishing to get divorced will have to be in agreement about the terms around the divorce, for example, not contest the terms. They can then go to their local court to obtain divorce papers and instructions as to divorce procedure. The married couple wishing to divorce will need to manage all the administration of the DIY divorce and closely follow the instructions. DIY divorce is also far more affordable as no divorce lawyer Johannesburg and other legal expenses will need to be satisfied. There are also mediation processes, in which a professional will assist a married couple wishing to get divorced reach an agreement about the terms of their marriage. A mediator is usually not a legal representative, but rather someone with a psychology back ground. Both parties of the marriage is allowed to have a divorce lawyer Johannesburg, and the divorce lawyers Johannesburg will need to work together to bring the divorce to a conclusion. There are also online divorce options, and uncontested divorce, in which the parties of marriage cannot come to an agreement about the terms of the divorce. Divorce lawyers Johannesburg work through various steps to get a married couple to conclude their divorce.
It should be noted that every divorce starts with serving a summons. This has to be done in person by a sheriff of the court. It is the first step to starting a divorce action. The summons will have all the details pertaining to the terms of the divorce stated in it. When the defendant has been served the summons, he can defend; which is to contest the divorce, or he/she can choose to accept the terms and therefore move forward in an agreed and civil manner. Typically, the defendant has a designated period of time in which he can respond to the summons. The defendant will then have a chance to counterclaim that which the plaintiff set out in the summons. The plaintiff will then deliver his/her response to the defendant’s counterclaim. This is referred to as the plaintiff’s plea to the defendant’s counterclaim. This is how contested divorce proceeds.
The end result of uncontested divorce procedure will be concluded when the divorce is decreed by the court, and the married couple signed a settlement agreement. This agreement will become a divorce order. Should either of the parties breach the agreement, they will be breaking the law. Divorce lawyers Johannesburg work to draft the documentations around these processes and procedures and to advise and assist in the legal proceedings around the divorce. Your divorce lawyer Johannesburg is well informed and experienced to handle the entirety of your divorce.