Process of Divorce:
The process of divorce, and whether a divorce lawyer South Africa will be necessary, depend on your specific situation. Typically, all divorce actions start with the same basic procedure. A divorce summons must be served on the defendant, the person from whom you wish to divorce, in person by a sheriff of the court.
What methods of divorce are there, and when is a divorce attorney South Africa not necessary? It is wise to consult a divorce attorney South Africa in any divorce situation, but most commonly a divorce lawyer South Africa will be present in contested and uncontested divorce cases. Online and DIY divorces don’t call for the assistance of a divorce lawyer South Africa, and as such, can be concluded without the assistance of a divorce lawyer South Africa. Most commonly, uncontested divorces, including DIY divorces, can take between four and six weeks to conclude. In these situations the divorce is fairly simple because prior agreements are usually put in place to conclude the divorce as soon and as smoothly as possible. Uncontested divorce, however, can take years to conclude.
A divorce lawyer South Africa is typically utilised in all methods of divorce, except in DIY divorces, and in certain mediation scenarios. The defendant will have a certain period of time in which he can either accept or contest the divorce summons. This will determine the nature of the divorce, whether contested, or uncontested. Uncontested divorce is a very simple and hassle free method of divorce. In uncontested divorce both parties will agree on the terms of divorce, division of assets, debts and parenting plans where children are involved. The terms and agreements will be drafted and only the plaintiff will need to show up in court. A divorce lawyer South Africa will assist in this process and appear in court with the plaintiff. Other forms of divorce include DIY divorce, in which a divorce attorney South Africa is not necessary. The married couple maintains the entirety of the divorce. DIY divorce must be uncontested. Some reasons as to why people might opt for DIY divorce are largely because it is the cheapest form of divorce, but proceeding without a divorce attorney South Africa could possibly present a risk, in terms of procedure. Error in procedure can lead to the divorce costing more money than you had hoped to spend and taking much longer. Some people may consult a divorce lawyer South Africa for guidance on procedure.
Divorce is a very traumatic experience, and where children are involved, divorce lawyers and the courts will always encourage the best way forward for the sake of everyone’s best interest, especially children. Uncontested divorce is when a married couple can come to an agreement about the terms of the divorce before even starting the procedure. To calmly conclude the outcome, the division of assets, the division of debts, drafting a parenting plan, which is fair to both parents and the child, and deciding the child’s place of primary residence. A divorce lawyer South Africa can assist with some basic mediation, but the smoother a divorce is settles, the less anyone involved needs to experience added stresses and conflict. This is DIY divorce as well. In order to divorce and maintain the administrations around the divorce yourself, the divorce must be uncontested. This is because there is no legal guidance or representation to assist. Divorce lawyers and other professionals get involved when divorce is contested because there are many different elements to consider in contested divorce, especially the absolute wellbeing of any children involved. Social workers, family advocates, divorce attorneys South Africa, as well as the courts all work together to determine what scenario is in the best interest of the children.