Divorce Papers

Divorce papers are the core of divorce settlement proceedings. The very first and most important piece of documentation that you need is your marriage certificate. If the original is missing in action a duplicate is relatively easy to get from home affairs at a nominal fee.

Find your way to the nearest divorce court and they will give you all the documents that you need to complete to file for a divorce. In between you will find there is a form that you will need to complete if there are any minor children that were born out of the marriage. This document will stay with the divorce court and they will send it to the family advocate for approval. The family advocate will write a report and may request an assessment of the children to determine if there are custody issues.

Another of the divorce papers that will need to be completed is the divorce settlement agreement. This is the settlement between the two of you on the division of the assets. To have an uncontested divorce, which is where both parties agree not only to the divorce but also to the terms of the divorce, this document is of vital importance.

These forms can be obtained either through Do It Yourself divorce packs, which are available from news agents or even online, or you will be able to get one from the divorce court. The settlement will also include an agreement of maintenance for the minor children or for the lower earning partner.

Once all the forms have been completed and copied and stamped and filed, you will be left with two copies. One copy of the set of divorce papers must go to the sheriff of the court for the area in which the defendant resides.

While sheriffs do not generally charge a lot, divorce summons needs to be served personally and cannot be left on the door or with someone other than the defendant. This means that a sheriff may need to return to the address a number of times. It is for this reason that the sheriff may charge you as much as double the normal rate to have the summons delivered.

Once the sheriff has done this you can return to their offices to collect the return of service. This document states that the summons was served on the defendant and their signature will be attached. Take the return of service along with your copy of the divorce papers back to the court.

Now you will need to apply for a court date when your matter will be heard. The next available court date can be as far as 3 months in the future depending on how busy the court is. On the date, appear at court, documents in hand. After a brief line of questioning the magistrate will approve the divorce and your final decree will be ready for collection within 2 weeks.

Divorce Lawyers

Divorce lawyers are not always necessary, but in most cases it is advisable to use a lawyer or divorce attorney in order to get professional and sound advice. Due to the fact that a divorce a lawyer is not essential people do  attempt to start with the divorce on their own, if the defendant contests the terms of the divorce, then attempt to reach a divorce settlement agreement or seek professional legal advice.

The defendant can contest terms relating to:

• Custody
• Maintenance
• The division of the assets

A divorce lawyer can also help you to obtain a divorce by proving that you qualify according to the two reasons that one may apply for a divorce. A magistrate cannot grant a divorce unless you can show that either:

• The marriage has been damaged despite attempts to reconcile it remains irrecoverable.
• Mental illness or the spouse is in an unconscious state

The second point is easy to prove and there is very little evidence required. It is the first point that may be difficult to prove especially when the defendant does not want a divorce. In these cases divorce lawyers become necessary.

Your lawyer/attorney will formulate a case based on a list of chronological events. Lawyers actually recommend that as the applicant you approach the attorney with a list such as this. First of all to put your lawyer in perspective so that they know what they are dealing with and secondly to save time and of course ultimately to save money as well when it comes to formulating the argument for divorce.

These events would be those that caused a breakdown in the marriage and can range from a number of variables including:

• Long periods of separation whether it is in one long stretch or sporadic.
• Adultery
• Where the defendant has been incarcerated
• Physical, emotional or financial abuse
• Alcohol and drug problems are also included here. Even though they can compound any of the other variables on its own it affects your spouse’s state of consciousness.
• The couple claims to no longer love each other in that they could have married too young or simply grown apart over time.

A rule 43 hearing is done to make interim arrangements while the divorce is in process. This is something that must be done by divorce lawyers since the entire case rests on the paperwork and various divorce papers. This kind of hearing only happens when the two parties cannot come to an agreement and the divorce can be drawn out. In the meantime temporary custody and maintenance arrangements need to be made. This may also include living arrangements if there is a joint estate that needs to be split up. This may comprise a home for which temporary arrangements also need to be made.

Divorce Attorneys

Divorce attorneys are specialist law practitioners who have decided to concentrate mainly on divorces. There is no difference to divorce attorneys as opposed to divorce lawyers since it is simply the name given to them. While the term attorney is largely an Americanism that South Africa has adopted, we use the terms lawyer and attorney inter-changeably. Hiring an attorney means there is less for you to have to deal with. The attorney will handle all of the paperwork, negotiations and even the court appearances. All you will need to do is to attend consultations and offer up certain documents and divorce forms that are requested of you as well as any pertinent information. To many this is a luxury with some charging in the region of R8000 for a divorce that is not contested. For a contested divorce however, it is essential to have an attorney negotiate on your behalf to ensure that the terms of the divorce are fair.

Saving costs on legal fees

Prepare your documents beforehand including costs and fees. Keep this as accurate as possible and substantiate each expense with proof. The more realistic your claims the more likely you are to receive what you are asking for.

Attorneys charge both for consultation as well as for court appearances. Since going to court can expend a lot of invaluable time these are often where the bulk of the expenses are derived. If you can avoid going to court then do it. One court appearance you you could possible avoid is the settlement terms. Try and negotiate the terms with your spouse out of court since getting an attorney involved will cost you both money, but obviously there are cases where an attorney will be needed, depending on the situation.

Hiring a divorce attorney: The advantages

South African divorce law changes slightly from time to time. These changes usually make some applications more difficult. A regular attorney will not always be aware of these changes in the law while a divorce attorney can save a lot of time and money on legal costs by being able to advise you accurately up front.

One of the biggest advantages of hiring divorce attorneys is not just in their experience in dealing with courts, it is also the relationships that they have developed with the magistrates and court clerks enabling them to get a lot of work done quickly especially in extreme circumstances.

Negotiation is part of the occupation in any attorney’s working day. A divorce lawyer is in fact experienced in negotiating between two laymen for personal effects with the understanding that these are natural persons.
The most important reason why anyone will need divorce attorneys is for just in case you are thrown a curve ball at a crucial stage in the divorce and are unable to deal with it. Attorneys are prepared for most irregularities and have a network of resources that they can call upon if they encounter something out of their range of expertise.