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
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
Usually only one spouse will hire a divorce Attorney to deal
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