Divorce Attorneys
In South Africa, there are two types of divorces which are an uncontested divorce or a contested divorce, depending on the specific situation and circumstances between you and your spouse.
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Uncontested divorce:
An uncontested divorce is where you and your spouse may have reached an agreement pertaining to all aspects of the divorce which factors may include custody of minor children, support, division of movable and immovable property, pension, etc. In other words, you and your spouse are in agreement regarding all the aspects of the divorce and a competent Court with jurisdiction will not be afflicted with any dispute pertaining to a divorce.
Once you and your spouse reached a mutual decision in respect of a divorce, and you and your spouse are in agreement with all aspects of the divorce, it is necessary to approach a divorce lawyer to draw the necessary documents to commence with the process.To proceed with an uncontested divorce may be the most effective and timeous way to proceed to obtain a decree of divorce.
Contested divorce:
A contested divorce is also commonly referred to an opposed divorce where you and your spouse have difficulties in reaching an agreement pertaining to all aspects of the divorce which factors may include custody of minor children, support, division of movable and immovable property, pension, etc. Contested divorces can be very difficult some times especially as the contested divorce may be for a prolonged period of time having regard to various external factors that may play a direct role. We as divorce attorneys know and understand that this time period in your life may be very difficult emotionally and financially and that is why Raymond Sutton Incorporated are here to assist you through this difficult time.
A contested divorce may take a long time to finalize and in terms of the Divorce Act, 70 of 1979 (as amended), one party can apply for the marriage to be dissolved even when your spouse doesn’t want to get divorced. In terms of the Divorce Act, 70 of 1979 (as amended), a Court can grant an order of divorce due to an irretrievable breakdown of the marriage relationship without any reasonable prospects of success to restore the marriage relationship.
The procedure to launch divorce proceedings in South Africa usually includes the following:
- Draw a combined summons as well as all the other necessary legal documents required to launch divorce proceedings;
- Serve the combined summons on your spouse by the offices of the Sheriff;
- Your spouse may oppose the summons if he or she wishes to do so;
- Proceed with mediation and / or other dispute resolution methods;
- Proceed to Court for the matter to go to trial.
Divorce proceedings from start to finish may take anything between a few months to a few years, depending on the specific circumstances of you and your spouse and whether the divorce proceedings will be uncontested or contested.
In the event that you are looking to proceed with divorce proceedings or defend divorce proceedings, you are welcome to contact Raymond Sutton Incorporated to assist you in protecting your rights as our attorneys have a lot of experience with all types of divorce matters.