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Divorce Papers
What divorce papers do I need
when applying for a divorce?
Having
reached the stage when divorce is inevitable, you need to consult with
a divorce lawyer or agree to do it via an uncontested divorce and file
the divorce papers yourself. What ever option you choose you
will
need to have the correct documents and divorce papersbefore you begin.
Required divorce papers to begin the process:
1. Green bar-coded Identity Document
2. Your marriage certificate
3. Your marriage contract, anti-nuptial (ANC), Community of
Property, or the newer accrual contract.
4. Property deeds if you own property
5. Any relevant papers related to any assets
To
commence the divorce process you will need to have a summons issued by
the divorce court. The summons should have the following
details
on it:
1. Details of the court issuing the summons
2. Names, occupation and address of both parties
Next you
need as part of the divorce
papers to draft a Particulars of Claim document that sets out relevant
matters concerning the marriage, information about any minor children,
the reasons for wanting the divorce.
Once these two
documents are completed and ready to be issued, you will need to attach
the relevant revenue stamps. If issued out of the High court then it
would cost R80.00 but if issued out of one of the special divorce
courts then it would be R20.00. Once the stamps are affixed then you
need to make three copies of each set of documents and have them issued
at the court.
Contact the clerk of the court who
will sign the summons, provide a case number which will be written on
the summons. All three documents must be signed and stamped. You then
need to take the original copy to the Sheriff who serves the area where
your spouse works or lives. The last copy of these divorce papers is
for your records.
Once the sheriff has completed the
service of the documents your spouse will have two weeks to inform you
or your divorce lawyer whether he or she will be defending the divorce.
Once the notice to defend the divorce process has been
received by you or you spouse, your spouse or his/her divorce attorney
will then service and file a plea. The Plea outlines which parts of the
particulars of claim your spouse disagrees or agrees with, this gives
you an indication what you need to deal with in court.
This
works both ways your spouse can counter claim, you should plead to the
counter claim within ten days with relevant the divorce papers.
Once
the pleas have been received even before the counter claim you can
apply to the court for a trial date. Either party can apply for the
court date.
Discovery, you or your spouse may ask before
the trial date for divorce papers that includes a schedule of books,
documentation that is in your possession that are relative to the
divorce procedure. These could be deeds, policy documents, or
any
other documentation related to assets. Once you have the schedule you
could request copies of them.
Finally the divorce day or
trial date. If your spouse declines to defend the divorce within the
time period, you can go back to the court and request an unopposed
divorce date, as long as you have all the required divorce
papers.
However, if your spouse intends to
defend the divorce a full trial will take place and each party will be
able to present their case, each can bring witnesses to testify on
their behalf. Once all is completed the judge will deliver his verdict.
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