So, your marriage has reached the point of no return, and you think its time for a divorce. It can be a difficult decision to make, but sometimes a necessary one for the preservation of your own happiness and that of your children.
So, what do you now do? Well let us help you with a brief explanation of how the process works, without being too technical.
Step 1
A summons needs to be issued with either the High Court or the Regional Court, generally (although there are exceptions and further technicalities) where the parties were domiciled for more than a year at the time of issuing summons.
Step 2
The summons is served by the Sheriff on your spouse.
The processes may get more complicated depending on how the parties are married, if any children were born of the marriage, the age of the children and if the parties are engaged in an amicable or hostile divorce. If parties are hostile, towards each other, there are many other processes which may be needed, including an application for temporary maintenance to be paid until finalisation of the divorce action.
Step 3
Would be your spouse’s response to the summons in the form of a plea. If the parties are engaged in an amicable divorce and simply want to part ways, the other spouse does not plea and the matter continuous unopposed.
Step 4
A date for the hearing if the divorce is applied for at Court.
Step 5
Papers are finalized and filed with Court as per the directives and the matter is heard on paper or by way of oral evidence – depending on the type of divorce and the Judge hearing the matter.
We here at Schoeman Borman Inc are more than able and happy to assist you with any divorce matter.