Divorce Attorney – Frequently Asked Questions to and Attorney or Advocate

Divorce Lawyer Attorney Advocate Cape Town

Questions on Divorces  to an Attorney or Advocate

Below are some questions people have regarding divorces that they may pose to an Attorney. Should have any questions on a divorce, feel free to post it below.

Family Law Questions and Answers

Should you not find what you are looking for, feel free to post your questions on our blog, by clicking on the following links:

Divorces – Questions and Answers

Child Custody – Questions and Answers

Child Maintenance – Question and Answers

Domestic Violence – Questions and Answers

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Can you get a divorce without your spouse’s consent?

Yes, you can.  The process will take longer if it is defended.

How do you get a divorce if you have no money?

Approach the Magistrate’s Court in your area for assistance with your divorce. You do not need a lawyer.

Can you refuse to get a divorce?

Yes, you can. However, the Court would grant the divorce if the marriage has broken down and cannot be saved.

Can I do my own divorce?

Yes, you can do your own divorce. There is no need for a lawyer.

How can you get a divorce if spouse won t sign?

The Court can still divorce you if your spouse won’t sign.

Can you be denied a divorce?

Yes,  you can if the marriage has not broken down.

How many years do you have to be separated to get a divorce?

There is no minimum. A week could be enough. The marriage should have broken down.

Can you get a divorce without having to go to court?

One spouse needs to go to court to give evidence.

Do both parties have to agree to get a divorce?

No, they do not. The Court will decide if a divorce is warranted.

Can you get a divorce without a lawyer?

Yes, you can. A lawyer is not needed. However, it is always a good idea to use one.

How long does it take to get a contested divorce?

It depends on the Court. We presume no less than 6 months.

How long do you have to respond after being served with divorce papers?

You have 10 (ten) working days.

How much does it cost to get a mutual divorce?

It depends on the lawyers you use. The Court does not charge. So if you do it yourself, there is no fee.

How cheap can you get a divorce?

Various lawyers charge different fees. If you do it yourself, its free.

Can you get a divorce for free?

If you do it yourself, its free.

How fast can you get a divorce?

If both parties agree, it can take about three weeks.

How much does it cost to get a divorce?

It depends on the lawyer. But if you do it yourself, it free.

Do you have to get a lawyer to get a divorce?

No, you do not need a lawyer.

How long do you have to be married before you have to pay alimony?

There is no set time.

Can you make your spouse pay for the divorce?

Yes, you can.

Can you force a divorce?

No, you cannot.

How do you stop a divorce after filing?

You have to withdraw the action.

Can you contest a divorce?

Yes, you can.

What is an uncontested divorce?

It is a divorce where both parties agrees to the

What do I need for a contested divorce?

You need good reasons why you are contesting it.

Can serve divorce papers myself?

No, you need to make use of the Sheriff of the Court.

Can you get a divorce without your spouse’s consent?

Yes, you can.

How do you get a divorce if you have no money?

You do not need much money to get divorced. The only costs is that of the Sheriff.

What are unreasonable terms in a divorce?

Terms which you are not entitled to. For example, wanting the entire joint estate.

Can I do my own divorce?

Yes, you can.

How much will it cost to get a divorce?

There are no costs. You must, however, pay the sheriff fees.

How many years do you have to be separated to get a divorce?

There is no specific minimum. The marriage should only not be able to be saved.

Where can I get divorce papers for free?

Visit the divorce court in your area.

How much money does it cost to get a divorce?

There are no costs, other than the sheriff’s costs.

How do I file for divorce without a lawyer?

You can do it yourself. Visit the Magistrate’s Court in your area.

Can you refuse to get a divorce?

Yes, you can.

Can you get a divorce without having to go to court?

One party must go to court.

What happens if your spouse does not sign divorce papers?

The divorce would then proceed on a defended basis if they filed such a notice.

Can you be denied a divorce?

Yes, you can if the marriage has not broken down.

Do both parties have to agree to get a divorce?

No.

How long do you have to wait before a divorce is final?

It’s final once the judge or magistrate gives the decree.

How long does it take for a divorce to be final after signing papers?

Once the matter gets heard in Court and the order granted.

How long does it take to get a contested divorce?

Can take no less than six months. It depends on the Court and the lawyer.

Can a judge not grant a divorce?

Yes, if the marriage has not broken down.

Can the father get full custody of his child?

Yes, he can if it is in the child’s best interests.

Can you force a divorce?

No, you cannot.

How long do you have to be married before you have to pay alimony?

There is no limit.

Is it adultery to date while separated?

Yes, it is as you are still married.

Is it cheaper to get divorced after 2 years?

The costs might be more for legal fees.

Can you get a divorce without the other person knowing?

No, the other person must be notified.

Can you get a divorce online?

No, it is not possible. One party must appear in Court and give evidence.

Can you get a divorce without a lawyer?

Yes, you can. You can act as your own lawyer.

How long do you have to respond after being served with divorce papers?

You have 10 working days. It is best to do it sooner.

How do you get a divorce if you do not work?

It is still possible. Visit your nearest magistrate’s court for assistance. All you need is the costs of the sheriff.

How can I file for a divorce on my own?

If you know what you are doing, we advise that you do so. However, you can go to the Magistrate’s Court and ask for assistance.

How long do you have to be separated in order to get a divorce?

There is no maximum or minimum time period.

Can serve divorce papers myself?

No, you have to make use of the Sheriff.

What is sexual misconduct during a divorce?

This would be in a spouse is busy with adultery during the divorce.

What is an informal separation in a marriage?

This is when the parties do not get divorced, but agree to live separately.

Can I date while separated before the divorce?

There is nothing in law preventing you from doing so.

Is it okay to date while going through a divorce?

It may be best to first finalise your divorce.

How much do you pay in alimony and child support?

It depends on the means and need of the parties concerned.

How do you figure out alimony?

You look at income, expenses and needs.

Can you refuse to get divorced?

Yes, you can. However, you must have good reasons. If the marriage is over, then the divorce would proceed.

How can you get a divorce if the spouse will not sign?

The Court can still divorce you.

Can a mother take her child away from the father?

Yes, if it is in the child’s bests interests. However, one should not do so unless a child care expert advises you to do so.

Do you still have to pay child support if you have 50 50 custody?

It is possible if you earn more than the other parent.

Can a judge not grant a divorce?

Yes, it is possible if the marriage has not broken down. Can the court deny a divorce?

How long does it take to get a contested divorce?

It can take a long time, from six months to over a year.

How much is a contested divorce?

It depends on your lawyer and how long it takes.

Do you have to have proof of divorce to remarry?

No. But it is illegal to marry again if you are not divorced.

Is a decree of divorce the final divorce?

Yes, it is. You should receive and Order.

How long do you have to wait before a divorce is final?

It is final once the Judge gives a final order or divorce.

How long does divorce take?

It depends on the case. If your spouse and you fight on every issue, it can take years.

Can I divorce my wife without her consent?

Yes, you can.

Do both husband and wife have to agree to divorce?

No, they do not have to. The Court would divorce you if the marriage has broken down completely.

Can you force your spouse to divorce you?

No, you cannot. You need to follow the court process.

Can you contest a divorce?

Yes, you can.

How long do you have to keep your divorce papers?

You should keep it indefinitely.

Where can I get a copy of my divorce papers?

You should visit the Court that gave you the divorce.

How do you get a divorce if you have no money?

We advise that you approach the Magistrate’s Court in your area.

What does it mean when a divorce is contested?

It means your spouse is not agreeing to the divorce.

Can you fight a divorce?

Yes, you can fight it. The legal term is defend it.

How much does it cost to get an uncontested divorce?

It depends on the lawyer. But if you do it yourself, there is no fee other than the sheriff.

How long do you have to keep bank statements for?

It depends on what. If it is for maintenance, we suggest three years.

Are all divorce records public?

Yes, it is.

Can I find divorce orders online?

No, you need to visit the court.

How do you find out if your divorce is final?

You need to visit the court and ask for a copy.

Are divorce filing public records?

Yes it is.

How can I get my divorce certificate?

You need to visit the court and ask for a copy.

How do you get a copy of a divorce decree?

You need to visit the court and ask for a copy.

Can you refuse to get divorced?

Yes, you can.

Is everything Split 50 50 in a divorce?

Yes if you are married In Community of Property.

Can a wife claim her husband property in the divorce?

It is possible if there is a legal basis for it.

Can I keep my house in a divorce?

Yes, if it is agreed upon or awarded by the court.

Who gets the child in a divorce?

The parent who can best care for the child primarily.

Can infidelity be used in a divorce?

Yes, it can.

Can you lose custody of your child due to adultery?

Its possible, but very unlikely if its the sole reason.

Can you sue your spouse for adultery?

No, you cannot.

Can the father get full custody of his child?

Yes, he can.

What is considered adultery in a divorce?

If there was sexual intercourse.

Can a mother take her child away from the father?

If it is in the child’s best interest. It is advised to get the advice of a social worker first.

Do you still have to pay child support if you have 50 50 custody?

It is possible. Depending on your income. If you earn more, then it is possible.

How do you prove a parent unfit?

It depends on the facts. If there are such facts, it must be brought to the court’s attention.

What is considered an unfit mother?

A mother who does not act in the best interests of the child and the child suffers.

How can mother win child custody?

She must prove that it is in the best interest of the child if she gets custody.

Can you get custody of a child that is not yours?

Yes, it is possible.

What is considered a stable environment for a child?

Where there child’s best interests are met.

How long does divorce take?

If it is defended, it can take a year. If not, a month.

What is unreasonable divorce settlement in a divorce?

Where it favours one party.

Can you contest a divorce if you not happy with it?

Yes, you can.

Can you defend a divorce?

Yes, you can.

What happens if your wife does not sign divorce papers?

The divorce would go ahead, however, it might take longer.

Can you be denied a divorce?

Yes, you can be denied a divorce if the marriage has not broken down.

Please share. Someone in need may find it useful.

6 thoughts on “Divorce Attorney – Frequently Asked Questions to and Attorney or Advocate

  1. Must my reply to a divorce summons in magistrate’s court (i think called a plea) be delivered in person by a sheriff or can it be emailed Is there some kind of law or rule that specifically mentions this?

  2. Hi I want to get divorced without my partner knowing an bye myself or can I find a lawyer that can proceed my divorce without going to court .I am based in Richards bay can you help

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