What Do You Do When You're Served with Divorce Papers?

Being served divorce papers is never a pleasant experience. Whether you have been waiting for the documents to arrive or they're unexpected, navigating their arrival can be overwhelming without sufficient legal support and know-how. Add emotions to the mix, and it can feel impossible. Luckily, there is a great deal of help around, and knowing what to do when you have been served divorce papers can reduce stress and help you stay on track. Here we share four things to do once you receive the papers.

1. Remember you are not in the wrong

Receiving papers can cause a great deal of emotional stress, especially if they arrive without warning. However, it is essential to remember that being served papers does not mean you are in the wrong. This means that the person serving the papers is in no better position legally than the one receiving them. Since South Africa divorce law is based on a no-fault system, no one is technically or legally to blame. However, it is critical to start thinking about your legal rights and assets and create a plan (preferably with a qualified attorney) about how you can best protect them.

2. Money cannot be moved

Once the papers arrive, assets and finances need to freeze. This means that money cannot be moved between different bank accounts. It also hinders individuals from spending cash on large-scale purchases, like vehicles or property, or changing financial policies and wills. These accounts will remain frozen until a settlement has been agreed on.

3. You must respond

Once the divorce papers have been received, you are given 30 days in which to respond to them. It is thus critical to take note of the deadline and to respond to the demands. If you do not respond within the given period, there is a chance that they will get what has been demanded. At this point, you might seek legal counsel to support you.

4. Find an experienced attorney

While dear friends and family members might offer a shoulder to cry on when the going gets tough, they are not always as equipped to support you through the complex legal process of divorce. For this reason, it is essential to find a qualified and compassionate divorce attorney who can skilfully guide you through the proceedings. They will take your particular situation into account (including children, property, assets, policies, medical contributions, and maintenance) to get you the most favourable settlement they can.

Contact Riëtte Oosthuizen Attorneys for Professional Legal Support

Established in 2000, we have over two decades of experience in our name. Our expert team specialises in family law and personal injury law and are experienced litigators in the realm of child custody, child abduction, primary residency issues, parental contact, and more. We pride ourselves on excellent service and confidentiality, ensuring that each client receives impeccable legal counsel and support. We are passionate about family law, and we look forward to hearing from you.