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DEVORCE | openhearts


DEVORCE
IRRETRIEVABLE BREAKDOWN OF THE MARRIEGE
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WHAT IS DIVORCE?

A JUDICIAL DECLARATION DISSOLVING A MARRIEGE IN WHOLE/IN PART,ESPECIALLY ONE THAT RELEASE HUSBAND & WIFE FROM ALL MATRIMONIAL OBLIGATIONS.

NOTE

(1)AN AGREEMENT FOR WHO WILL LOOK AFTER THE CHILDREN HAS TO BE MADE BEFORE THE COURT COULD ISSUE DIVORCE.

(2)AN AGREEMENT HAVE TO BE MADE FOR A PARENT WHO DO NOT HAVE CUSTODY OF THE CHILDREN ON HOW SHE/HE CAN HAVE ACCESS TO SEE THEM.

(3)A MAINTENANCE HAVE TO BE PAID FOR THE CHILDREN.

(4)MAINTENANCE IS PAID TO THE PARENT WHO HAVE CUSTODY OF THE CHILDREN.

TYPES OF MARRIEGE.

(1)CIVIL MARRIEGE.

(2)CUSTOMARY MARRIEGE.

CIVIL MARRIEGE.

ITS A MARRIEGE PERFORMED BY A GOVERNMENT OFFICIAL

GROUND FOR DIVORCE

(1)THE COUPLE NO LONGER LOVE EACH OTHER.

(2)THE COUPLE HAVE NOT LIVED TOGETHER FOR A WHILE.

(3)INFERTILITY TOOK PLACE.

(4)SEPARATION OCCURRED.

(5)ABUSE EXPERIENCED.

(6)ONES PARTNER IS MENTALLY ILL & WILL NEVER RECOVER AT ALL.

(7)ONES PARTNER IS BEING UNCONSCIOUS FOR ATLEAST SIX MONTHS & WILL NEVER RECOVER AT ALL.

CUSTOMARY MARRIEGE

CUSTOMERY MARRIEGES GOES WITH A RACE WHEREBY THE FAMILY OF THE WIFE MAY HAVE TO RETURN ALL/HALF OF THE MONEY PAID TO THE FAMILY OF THE HUSBAND,UNLESS THE HUSBAND REJECTED HIS WIFE FOR NO REASON.

DIVORCE PROCESS IN SA

TWO TYPES

(1)CONTESTED DIVORCE

(2)UNCONTESTED DIVORCE

UNCONTESTED

THIS TYPE OF DIVORCE IS COMMON IN SOUTH AFRICA

PROCESS

(1)PLAINTIFF STARTS WITH CONTACTING A LAWYER.

(2)ACTIONING THE DIVORCE PROCESS.

(3)SERVE SUMMONS ON THE DIFENDANT.
(4)SETTLEMENT AGREEMENT.

(5)ISUING OF COURT DATE.

TWO SA MARITAL SYSTEM

(1)COMMUNITY OF PROPERTY

(2)OUT OF COMMUNITY OF PROPERTY

COMMUNITY OF PROPERTY

IS AN AGREEMENT BETWEEN SPOUSES THAT STATES THE ENTITLEMENTS & OBLIGATIONS OF IN TERMS HOW THE ASSETS OF EACH ONES ESTATES,THEIR TOTAL WORTH & LIABILITIES WILL BE ADMINISTERED.

ACCRUAL SYSTEM

IS A FORM OF MARRIEGE DISTICTION MADE BETWEEN SPOUSES PREMERITAL ASSETS & DEPTS,BEFORE MARRIEGE THERE ARE STATES,BUT AFTER THE CONCLUSIONS OF A VALID MARRIEGE.ALL PROFITS & LOSES FALL INTO ONE SINGLE ESTATES OF WHICH THE SPOUSES ARE BOUND CO-OWNERS.

OUT OF COMMUNITY OF PROPERTY

IS A PREMARITAL ASSETS & LIABILITIES OF A SPOUSE AS WELL AS POST MARITAL ASSETS & LIABILITIES FALLING IN HER/HIS SEPARATE ESTATE & THE SPOUSE OWN THOSE ASSETS INDIVIDUALY & IS SEPARATELY LIABLE FOR THEIR LIABILITIES.

CO-OWNERSHIP

THIS IS THE TYPE OF MARRIEGE WHEREBY THE SYSTEM OF OUT OF COMMUNITY OF PROPERTY IS AGREED UPON & HOWEVER ALSO JOINTLY OWN ASSETS

STEPS OF DIVORCE

(1)FILL IN ALL DOCUMENTS CALLED ORIGINAL PETITION FOR DIVORCE WITH YOUR LOCAL COURT CLERK.

(2)LIST ANY RELIEF THE PARTY FILING FOR DIVORCE FEEL THEY ARE DUE.

(3)THE DOCUMENT WILL IDENTIFY THE PARTIES TO THE DIVORCE & ANY CHILDREN THEY HAVE.

(4)THE PARTY FILING FOR DIVORCE WILL HAVE TO STATE A REASON AS PART OF THE PETITION.

(5)THE PERSON FILING FOR DIVORCE WILL BE NAMED THE PETITIONER BY TH COURT.

(6)THE OTHER PARTY WILL BE NAMED THE RESPONDENT.

(7)LETTER OF COMPLAINT IS THEN SERVED ON THE RESPONDENT BY THE LOCAL SHERIFF'S OFFICE.

(8)SHE/HE HAS 30 DAYS TO GET A LAWYER & RESPOND TO THE ORIGINAL PERTITION FOR DIVORCE.

(9)RESTRAINING ORDERS ARE ASKED AT THAT TIME.
(10)THE RESTRAINING LAST UNTILL THE FINAL COURT HEARING.
(11)THINGS COVERED IN A TEMPORARY ORDERS ARE CHILDREN SUPPORT,SPOUSAL SUPPORT & CHILD CUSTODY.THESE ORDERS ARE LEGALLY BINDING & NOT FOLLOWING THEM COULD GET YOU IN COURT FOR CONTEMPT & EVEN JAIL.
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DISCOVERY
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DISCOVERY
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IS A LEGAL MECHANISM FOR GATHERING INFORMATION ABOUT EITHER PARTY TO THE DIVORCE
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DISCOVERY STEPS
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INTERROGATERIES
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THIS IS A LIST OF QUESTIONS THAT THE ATTORNEYS SEND TO THE OPPOSITE SIDE
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ADMISSION OF FACTS
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THIS IS A WRITTEN LIST OF FACTS THAT IS DIRECTED AT ANOTHER PARTY TO THE DIVORCE,THE PARTY RECEIVING THE LIST OF FACTS IS ASKED TO ADMIT/DENY EACH LISTED FACT
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DEPOSITIONS
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ATTORNEYS WILL TAKE A SWORN TESTIMONY FROM THE OPPOSING PARTY & ANY WITNESS INVOLVED
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REQUEST FOR PRODUCTION
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THIS IS A LEGAL MECHANISM USED TO OBTAIN DOCUMENTS SUCH AS BANK STATEMENT,THIS IS USED BY THE ATTORNEY TO HELP HIS/HER CLIENT BENEFIT
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DISCLOSURE
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ATTORNEYS FOR BOTH PARTIES REQUEST CERTAIN ITEMS FROM THE OTHER PARTY,A LIST OF THIS IS SEND TO THE OTHER SIDE TO RESPOND FOR 30 DAYS
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MEDITATION
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BOTH PARTIES TO THE DIVORCE & THEIR ATTORNEYS COME TOGETHER TO DISCUSS ANY CONFLICTS THEY MAY HAVE & TRY TO COME TO AN AGREEMENT THAT MEETS THE NEEDS OF BOTH PARTIES
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MEDIATOR
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IS A COURT APPOINTED ATTORNEY TO NEGOTIATE A SETTLEMENT BETWEEN THE PARTIES
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