3 Steps to Take When You Receive Divorce Papers

Being served divorce papers can be an emotional experience, especially if the matter is contested or there are children and assets involved. To begin the divorce process, one party has to serve the other party a summons. Since South African divorce law works on a no-fault system, the person who receives the summons isn’t necessarily to blame for anything or seen in a better light. If you receive a summons, there are three important steps to take:

1. Respond within ten days if you stay in the same province:

If you live in the same province as your ex, you will need to respond to the matter within ten days (or 20, if you live in a different province). This serves to acknowledge having received the papers, and you can respond to each point outlined. Here, you will examine whether the divorce is uncontested or contested. In an uncontested case – where both parties agree on the terms outlined in the papers – you can usually handle the matter speedily without a considerable amount of emotional turmoil or extensive legal fees. However, in a contested case – where agreements cannot be made with regard to children, maintenance, property, and assets – the process can become exceptionally long-winded. If a party chooses to not respond to the papers served, a default divorce might commence.

2. Gather essential documents:

After you have been served the divorce papers, you will want to gather important documents. Documents like paychecks, tax returns, and credit card statements will help the court make sense of household assets and debts and will illustrate a clearer picture of the financial situation of both parties. If there are children involved, gather documentation about their monthly expenses too. Lawyers might also ask for other documentation, such as the marriage certificate, bond or lease agreements, and social security identification documents: the more documentation that you can present, the better.

2. Prioritise Organisation

Staying organised is significant when it comes to the divorce process. Gather copies of financial documentation (such as payslips, loan agreements, credit card statements, and tax returns) and make a list of all household assets and debts. If children are involved, you will also need to consider their monthly expenses and savings. Throughout the process, you will need to make many important decisions that might alter your and your family's lives for many years to come, and, thus, organisation is key.

3. Hire an attorney

If you’re able to do so, it is always a good idea to hire an attorney. Your attorney will ensure that you have filled in all the appropriate paperwork and review your legal rights. While this is essential in contested cases (which can oftentimes get rather heated and messy), it’s also helpful in uncontested cases. If the other party has hired an attorney, it’s definitely a good idea to hire one too. In cases where you cannot afford to hire a lawyer for the duration, you may employ them for particular tasks such as filing your response to the papers or representing you in court.

Chat with Our Expert Team

Getting divorce papers can feel overwhelming, and that is where we come in. We have a wealth of experience in family law, child rights, parental responsibilities, child abduction, parental contact, primary residence, and other complex issues. We are committed to excellent customer service and confidentiality and strive to ease the burden for all clients going through the complexities of divorce. We will help you navigate the intricate process and help you begin your next chapter with clarity and peace of mind.