OPPOSED
DIVORCE
In every divorce (with minor children), there are four main questions to be asked, namely:
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Custody and contact: Which parent will the minor children live with most of the time, and what contact will the other parent have with the minor children?
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Child maintenance: What will each parent contribute to the minor children's expenses (including living expenses, education and medical costs)?
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Division of the assets: How will the parties divide the property and assets of the marriage?
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Spousal maintenance: Will one party give monthly maintenance to the other?
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When there are disagreements or disputes about any of the above issues, the divorce is called an "opposed divorce".
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Usually, in an opposed divorce, both spouses appoint an attorney to represent them. A party can represent themselves, though this is not usually a good idea. The law is complicated and you need a lawyer who understands all aspects of the law.
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An opposed divorce follows the following process:
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1. The Summons
The process starts with one party sending a summons to the other. This party is called "the Plaintiff". The party who receives the summons is called "the Defendant”.
The summons states all of the Plaintiff’s claims regarding:
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who gets what property,
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who gets custody of the children
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how much maintenance must be paid
2. The Plea
The Defendant then replies to the Plaintiff’s summons. This document is called “the Plea”. It contains the Defendant's claims.
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3. Ongoing Negotiation
The two attorneys will often try to negotiate even during stages one and two (see above)
4. Settlement
Usually, the attorneys can settle the divorce before it gets to court. This happens in 95% of cases. Very few cases end up in court.
Once the parties have signed a written agreement, this will be handed to the court and a judge will grant the divorce. This usually takes about three months after signing the agreement.
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5. What if the Parties can't Settle?
If the parties cannot settle their divorce through negotiations, the process will carry on. There are a number of other stages in the process until finally, the case comes to court. This process takes at least a year, and often much longer, and costs may run into the hundreds of thousands of Rands.
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We will discuss your divorce in much more detail during your case assessment, recommend a strategy, and discuss the fee options.