Divorce Procedure

Divorce Procedure

The dissolution of a marriage or relationship is not an easy thing for either parties, and to ensure that that the divorce procedure is fair and equable between the parties, it is important to ensure that it does not become a serious battle between two people. 
The two major areas that could cause a battle of disagreement between the two parties are the care and custody of any minor children, and decision of how to split the assets and effects that have accumulated during the period of the marriage. The decision to end a marriage are varied and personal, usually they are based on much personal suffering and sometime a lot of unhappiness.

In South Africa there are two choices in an uncontested divorce procedure and contested divorce, bearing in mind to obtain a divorce you have to show that court that the marriage had irretrievably broken down, the definition of this is quite loose, and the following fall under irretrievable breakdown, desertion, adultery, enduring separation, imprisonment, abuse, drug or alcohol addition, lack of love, or if one has feeling that they can no longer live with the other spouse.

The second grounds are mental illness where the person seeking the divorce has to prove that the spouse has been admitted or is still in a mental institution, or can prove that the spouse is unconscious, for instance, in a coma.

When two people reach the point where their marriage is not longer viable due to any of the reasons stated above then next part is a decision whether the divorce procedure is to be contested or uncontested.  The two parties should seek all possible methods to avoid divorce, such as counselling before undertaking the final step of divorce.  Of course there are circumstances where this is not possible such as desertion of one spouse, or if a spouse is in a mental institution or coma.

The uncontested divorce process:  From a financial stand point the uncontested divorce procedure will cost you much less and is a help for those who have some tight budget constraints. The process of an uncontested divorce is speeded up because both parties will have spent time and put some effort to reaching an agreement on division of assets, custody of the minor children, and any other issues involved. Uncontested divorces usually don’t go to trial, and are finalised quite quickly.

Usually only one spouse will hire a divorce Attorney to deal with the matter, however, the divorce Attorney cannot represent both parties. The divorce attorney will draft and file all the necessary papers, and the client that is not contesting the divorce will sign all the necessary papers.   It must be born in mind that if one spouse hires an divorce Attorney that Attorney is bound and will represent the interests of his client, and not the non-contesting spouse in any divorce procedure.

Other type of
divorce procedure: Contested Divorce Procedure
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