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Question
Posted by: Momsy | 2011-02-23

Advise needed

My husband has left me Dec 2009, we have 2 kids I want a divorce but don''t know where to start.I don''t know where he is staying the only contact is his cell but he is not taking my calls.We are married inco he resigned from his job or was fired got his pension fund, he did not give me anything should i go through with the divorce am i going to be force to share my pension fund with him?How do i get him to signed the divorce papers is i dont know where he is?

Pls your advice will be highly appreciated

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Our expert says:
Expert ImageFamily law expert

You should visit the Regional Court of the Magistrate's court in your area. One of the officials will assist you in issuing the papers through what is called substituted service whereby you are able to serve a summons without having the address of the other party. The court will then direct service, either by way of serving on a family member or in the newspaper. You may also consider bringing an application for interim maintenance pending the divorce. Being married in community of property entitles you to 1/2 of the estate, same that will include the pension, but in the event that he already cashed up on the pension you will have a problem.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

2
Our users say:
Posted by: Momsy | 2011-02-24

Thank you for your response,much appreciated

Reply to Momsy
Posted by: family law expert | 2011-02-24

You should visit the Regional Court of the Magistrate's court in your area. One of the officials will assist you in issuing the papers through what is called substituted service whereby you are able to serve a summons without having the address of the other party. The court will then direct service, either by way of serving on a family member or in the newspaper. You may also consider bringing an application for interim maintenance pending the divorce. Being married in community of property entitles you to 1/2 of the estate, same that will include the pension, but in the event that he already cashed up on the pension you will have a problem.

Bertus Preller
B.Proc; AD Dip L Law
Family Law Attorney
Abrahams and Gross Inc.
E: bertus@divorceattorney.co.za
W: http: www.divorceattorney.co.za
Twitter: www.twitter.com/edivorce
Facebook: www.facebook.com/divorceattorneys
Skype: divorceattorney

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