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What is the Divorce Process?


There are two types of divorce; contested and uncontested divorce. Depending on which a divorce lawyer is faced with, the process may vary. However, to start the divorce process your need to serve a summons.

Civil marriages, civil unions, and religious marriages conducted by registered marriage officers can only be dissolved by order of the court, and the spouse wishing to end the marriage must issue the summons. The summons should state that the relationship has broken down, and that there is no reasonable prospect of restoring the relationship. The details regarding the summons can be discussed with your divorce lawyer. In an uncontested divorce, the spouses come to an agreement on how they wish to conclude the termination of their marriage and the divide of their assets and children. A settlement agreement is then drafted by the divorce lawyer, or divorce lawyer Cape Town, and then progressed to the court. It is also the more affordable option. With contested divorce the process consists of several stages. Pleadings, application for and set down of trail date, discovery of documents, further discovery and particulars, pre-trail conference, trail, and judgement. A divorce lawyer assists with every step of the process.

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