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Question
Posted by: Anonymous | 2010-05-10

Divorce

My husband and I are filing for divorce at the Family court. Initially we tried to do a settlement between us. Then he got a lawyer and the lawyer wanted me to forward a written claim to him.
I have done so and also received a reply to my claim.
However, I received this 7 weeks ago. Since then the FA report has also been received.
I contacted the court to check on proceedings as my husband and I no longer communicate. My husbands reply to my claim has not been filed although I am in possession of the same. Is this allowed. Is he not just prolonging procedure.

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Our expert says:
Expert ImageFamily law expert

The normal sequence of events in a contested divorce are that one party issue a summons, serve same on the Defendant and then the other party will file a Notice of Defence (should be done in 30 days) in the Divorce / Family Court. After filing a defence, the defendant has 10 days to file his plea and/or counter claim and the Plaintiff then has 5 days to file a plea to the counterclaim of the defendant, if any. If a party is out of time, you may file a notice to force that party to file his/her plea and if he doesnt file same within the prescribed limit he will be barred from doing so. It will prolong the procedure so I suggest that you visit the registrar and serve a notice to bar on the defendant.

Bertus Preller
bertus@divorceattorney.co.za

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2
Our users say:
Posted by: TINA | 2010-05-10

I am sure u can report this attorney maybe to the law society.
Like all departments there are procedures and time limits which both side should adhere to. This is just my take on it.

Reply to TINA
Posted by: family law expert | 2010-05-10

The normal sequence of events in a contested divorce are that one party issue a summons, serve same on the Defendant and then the other party will file a Notice of Defence (should be done in 30 days) in the Divorce / Family Court. After filing a defence, the defendant has 10 days to file his plea and/or counter claim and the Plaintiff then has 5 days to file a plea to the counterclaim of the defendant, if any. If a party is out of time, you may file a notice to force that party to file his/her plea and if he doesnt file same within the prescribed limit he will be barred from doing so. It will prolong the procedure so I suggest that you visit the registrar and serve a notice to bar on the defendant.

Bertus Preller
bertus@divorceattorney.co.za

Reply to family law expert

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