Divorce Procedures - Facts and Fears About Divorce Procedures

It’s natural to feel overwhelmed and totally disempowered when anything unpleasant, traumatic, unfortunate and unforeseen happens. Such is the case when an impending divorce has been announced.

Scary Scenarios

Suddenly realising that you’ve seemingly lost control over a key aspect of your life may shake you to the very core of your being. Out of the blue, you invariably think of new, now scary scenarios that possibly lie ahead of you upon becoming a single person who now has to be responsible for a household, family, expenses and the possibility of a future alone.

Questions and Self-Doubt

Even if you suspected or expected that your union might be heading for divorce, it’s still a shock. One that causes you to focus on fears about the future and all its potentially negative prospects. Self-doubt creeps over you; questions abound. What did you do wrong? What could you do better? Why did the marriage fail?

For a while, this might be “goodbye” to self-confidence and a sense of self-worth. However, remember this – legally, the fault isn’t apportioned to anyone. The irretrievable breakdown of the marriage (or mental illness or indefinite unconsciousness) is the only grounds for granting a divorce.

Understanding Attorneys

The experienced team at Riëtte Oosthuizen Attorneys understands all this, and a great deal more about your feelings, fears, emotions, disappointment, and the gamut of other realities that run through your mind when faced with divorce.

Support, Guidance and Assistance

Because we specialise in South African Divorce Law, an integral part of Family Law, we’re in a prime position to guide, support and assist you throughout the complex legal procedure to obtain the annulment of your marriage. We accomplish this with understanding, sensitivity, confidentiality and extensive practical experience in the various aspects of this procedure and all it entails that is pertinent to your specific circumstances.

It’s a Procedure

First and foremost, you must understand that obtaining a divorce is a step-by-step procedure. Your lawyer will explain the steps that constitute this procedure, during which time you’ll have ample opportunities to participate, and in doing so, regain some control over the situation.

Factors that determine the scope of the procedure include: • Under what type of contract were you married/legally joined in a civil union? • Is the matter contested or uncontested? • What is the outcome of divorce mediation? • Interim matters, such as maintenance, residence, contract rights or applications pertaining to domestic violence, between the start of procedures until their conclusion. • Equitable valuation and disbursement of all marital assets and property of all types, held locally, nationally and internationally – one of two most common contentious issues. • All matters pertaining to children – a second, often hotly-contended issue that includes children’s rights, in accordance with the latest Children’s Act, their best interests, maintenance, childcare, residence and relocation, custody, and guardianship. Parental rights and responsibilities, as well as those pertaining to grandparents and other parties who are closely involved with offspring also play a role in this part of proceedings leading up to the granting of a final settlement and divorce decree, in court.

These factors form an important part of our partnership with you throughout the divorce procedure. Thereafter, your attorney assists in serving and filing a summons, defending the matter, if contested, following which the divorce procedure is completed.

Contact our team at Riëtte Oosthuizen Attorneys for more information on the procedures which must be followed while divorcing.