Posted by: Shan | 2011/08/30

Divorce advice

I am going to a Lawyer on Monday to start my divorce procedures. My Husband had an affair and is living with his girlfriend. He is verbally abusive and has been physically abusive in the past. How long after I file for divorce will he receive the documents to sign?

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Our expert says:
Expert ImageFamily law expert

It depends how quick your attorney is able to draft the summons and particulars of claim and how quick the sheriff can serve the documents. Normally it should be within 7 days.

Bertus Preller
Family Law Attorney
Abrahams and Gross Inc.
A:1st Floor, 56 Shortmarket Street, Cape Town
O: +27 (0) 21 422 1323

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Our users say:
Posted by: FIO | 2011/08/31

I agree with G-Dad, can get ugly especially when attorneys advise their clients to " fight"  for their " rights" . Example, my ex''s attorney told her boyfriend to get involved and be the " man of the house" , take charge, stand up for and make the rules regarding my son. Advising that was the surest way to inflate conflict, especially since the advice was totally contrary to the law in respect of the Childrens Act, and of course through the conflict he made made money.

Needless to say, when I took her attorney on in both the Childrens Court and the High Court, my ex lost her case. I blame much of the conflict on her attorney, he did nothing to settle the matter other than play games, which ended up costing ex more than me because I did everything myself, except I did require an attorney to file my affidavit and arrange an advocate to appear on my behalf.

So, file for divorce if you can on your own, then request mediation in an attempt to reach a settlement agreement. This would work in your favour should the matter ever need to be contested in court.


Reply to FIO
Posted by: Cate | 2011/08/31

Once the forms have been filled in and submitted back to the court, It takes about 4 weeks for them to process them. They will then be posted back to you (or your attorney). A copy then needs to be taken to the Sherrif of the Court to be served on him. This is normally done within a couple of days.

Reply to Cate
Posted by: G-Dad | 2011/08/31

Do yourself a favor, stay clear of attorneys if you can, see the e-divorce website for alternatives, try and get a peaceful settlement and move on with your life, you 2 can not agree on terms of the settlement then it could end up as a disputed divorce, I suggest that you get an attorney then.

Try to get this divorce over and done with and keep the emotions out of it, as soon as emotions get involved then it become messy and costly, a disputed divorce can cost over R100,000, money that you can spend on your family.

If he continue with his abuse then get a protection order from the local courts, you do not need an attorney for that and it is free.

Reply to G-Dad

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