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Divorce Help
This
page focuses on what you should do to find divorce help once the
decision is made to divorce, you need to safeguard all aspects of your
life. There are steps to take to protect yourself and/or your
assets and your minor children.
Seeking
divorce help is not that difficult you can follow these steps to find
divorce help you make the necessary decisions.
1.
Seek the help of a marriage counsellor, if possible its best for both
parties to attend, this is an opportunity to find out what went wrong
with your marriage, how to sort your life out if a divorce becomes
inevitable.
If your spouse wont participate or is
not able to participate its still a good decision to get counselling.
Try to find a qualified counsellor; some divorce attorneys will be able
to recommend a good counsellor. Family clinics, your church or
religious institution would also be able to recommend a counsellor.
2.
Even if you don’t hire a divorce Attorney,
consulting one to get as
much information as your can before you even discuss the word divorce,
is always a good move. Divorce Attorneys, lawyers are
excellent
sources of divorce help.
3. The internet is another avenue
to explore to get information you need to decide not only if you want
to proceed with a divorce procedure, but
to find out all the
implications related
to a separation of divorce.
Steps in an
unopposed DIY divorce
If you are doing your divorce yourself (DIY divorce), these are the
steps that need
to be followed.
1. Determine which division of the High Court you must proceed out of.
2.
If there are minor children, complete statutory Form A, sign it before
a commissioner of oaths whom you will find at any police station and
attach it to the combined summons.
3. Complete the divorce statistics form. Available in your divorce papers.
4. If you and Defendant have reached agreement, complete and sign the
Deed of Settlement.
5.
Complete the combined summons and particulars of claim. If you and
Defendant have reached agreement, use the particulars of claim that
incorporate the deed of settlement.
6. Sign the combined summons and particulars of claim where indicated.
7. Affix R80-00 revenue stamps to the face of the combined summons.
8.
Make 4 copies of the combined summons and particulars of claim. The
original will consist of the summons, particulars of claim and (if
there are minor children) the Form A. It will also include a copy of
the Deed of Settlement if you and Defendant have reached agreement.
9.
Go to your local court to see the Registrar that issues court process.
Hand him the divorce statistics and 4 batches of processes. In
Johannesburg you will need to attach an extra copy of the front page of
the combined summons. He or she will stamp all copies and allocate a
case number, retain one copy and hand you the original and two copies.
The last copy is for your records.
10. Go to the sheriff
that serves process where the Defendant resides and hand him the
original and a copy of the combined summons and particulars of claim.
He will then serve the process on Defendant and give you an original
and copy of the Return of Service that will cost you about R50.
11. If Defendant does not defend the matter you must then do the
following:
a.
If there are children involved, go to the Family Advocate who will
explain what you need to do to get a certificate from him and how to
place it in the court file.
b. Count ten court days after
service (exclude week-ends and public holidays) and then, with the help
of the Registrar, set the matter down on a date that the Registrar will
give you. Use the form of set down that is prescribed by your local
court. You must prepare an original and one copy. The Registrar will
ask you for the original summons and Return of Service and will stamp
the Notices of Set Down. He will retain the original and hand you a
copy.
12. On the date allocated for the hearing of the
matter, get to court at around 9h00. You must take the original Deed of
Settlement (if applicable) and your original marriage certificate. If
you have lost it, make sure that you go to Home Affairs to obtain a
duplicate original as the Court will not hear the matter without it.
13.
Check the Court Roll to see in which court your matter will be heard
and which number it is on the roll. You will see how other divorce
matters are conducted. Don't be nervous as the judge will assist you,
finding divorce help is easier than you might think.
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