Unfortunately the chances of a married couple splitting up gets higher each year so hiring a divorce lawyer is the next crucial step; some guidelines on what to look for are listed below:
Fully qualified to deal with your case Have the correct bearing for this type of work A conscientious person
The best attorney to employ is one who, for at least half their time, is dealing with divorce cases and is fully skilled in mediation techniques. They will need to be someone in whom you can place your trust and feel comfortable working with so if these criteria cannot be met then you will need to look elsewhere.
Mediation minded attorneys are more likely to give you problem solving advice, whereas traditional attorneys tend to be more oriented to conflict and their advice tends to be adversarial. The most important thing is to be very well prepared whenever you contact your divorce lawyer so know your facts, what you want to ask about and exactly what you want the lawyer to explain or do for you.
Plan each conversation by making an agenda and write down the things you want to talk about; take notes on the content of the conversation and the amount of time spent on phone calls. Try to keep actual meetings to a minimum and where points have to be clarified, use the phone or send a letter.
Remember you divorce attorney is there for their expertise in the field and not to act as a counselor, you should hopefully be able to use people close to you for that. Never trouble your divorce lawyer with trivial matters that do not directly concern the divorce.
The most important aspect for you to get sorted out is the control of the situation which should be yours and then you will be able to use your lawyer more effectively. If they are there purely to act in accordance with the legal issue of divorce it will be more efficient utilization of their services and you will be making the decisions. Ask that you be sent copies of all documents and letters and let them know that you expect phone calls to be answered by the next working day after all you are the one paying the bills.
If money is an issue, it may be a preferable for you to only contact a lawyer for legal advice on a marital settlement but not representation. You may decide to carry out research first before you contact them, only asking your lawyer questions you have not been able to find answers too. Some people only use a divorce lawyer to re-read and check a marital settlement they have drafted on their own but at least these people have the backup of using a lawyer if all else fails.
By: Harry Bernstein
Posts Tagged ‘Divorce Cases’
Divorce Lawyer – How to Choose One
June 27th, 2010Divorce in South Africa – Your Best Options
January 5th, 2010
Most South Africans divorce within the first five to nine years of marriage and most of those are initiated by women.
The most common reason sited for divorce in South Africa is simply that the couples drift apart, followed closely by drug and alcohol abuse (cocaine use being prevalent), physical abuse and unemployment.
More recently, statistics show that financial difficulties are coming to the fore in most divorce cases filed for the latter half of 2007 early 2008 whilst infidelity and lack of communication are cited less.
Dissolving Marriages
As in most countries, married couples can dissolve their marriage through divorce leaving the parties to remarry legally again at a later date. The process is dependant on the status of the marriage. In South Africa that is usually a civil marriage – in community of property or out of community of property. Some South African marriages are also customary marriages.
A civil marriage can be dissolved according to the Divorce Act . Customary marriages are dissolved according to civil law but also according to custom and tradition.
Addressing the Issues
Before petitioning for divorce, look closely at your options:
* Can you reconcile?
* Do you need a lawyer?
* Can you agree an asset split?
* Maintenance and custody of the children?
* What about alimony?
* What are the costs?
Reconciliation
Most good lawyers will advise the petitioner to seek counselling and explore reconciliation prior to filing for divorce as the procedures can be lengthy and expensive if both parties are not in agreement.
There are many avenues to follow in regard to reconciliation. FAMSA offer an excellent counselling and arbitration service to couples facing divorce.
Choosing a lawyer
A petitioner needs to ask first and foremost if a lawyer is necessary? If a couple is in agreement regarding proceeding with a divorce then the petitioner can file for divorce at the local court for a fee of R120, a copy of your marriage certificate, a copy of your ID and your completed divorce papers.
If a couple cannot agree on the issues of the divorce then it is advisable to seek legal guidance but bear in mind that each divorce case is different. Question your attorney on their specialisations, their approach to divorce – is it tactical or aggressive? Most importantly, ask them to outline their fee structure in full upfront.
Can you agree?
If the couple can agree on asset split, maintenance and custody of minors then filing at the local court is the easiest option. Usually a 50:50 split is awarded by the court anyway so fighting up front only costs you money. Sit down and be practical. You both have to start over and what you lose in legal fees could be put to better use.
If you can agree, draw up the agreement and both sign it and have it witnessed and attach it to your divorce petition. (Agreement)
Custody of the minor children
Custody must be agreed before a court will grant a divorce. Consider what is best for your children rationally. In most instances the woman is usually granted custody however it is not uncommon for a couple to agree that custody be granted to the father. In African Customary Law the father usually remains the childrens natural guardian.
Irrespective of custody, maintenance and visitation is required to be agreed upon and where a couple cannot or will not agree the court will decide bearing in mind that all parents have a duty to support their children including all illegitimate children.
Maintenance issues can be addressed to the Maintenance court once the divorce is finalised.
Alimony
It is rare in South Africa that Alimony is awarded unless the spouse can prove that they are incapable of earning a living as they have been a house-spouse/parent since the inception of the marriage and have no visible means of support.
Alimony is usually agreed by the couple for a set period and taken into account with the settlement agreement.
The costs
Getting divorced can be very expensive. It is advisable to petition for divorce yourself via the local magistrates court to keep costs at a minimum. Agreeing the settlement, custody and maintenance upfront is the best solution in South Africa as it negates the need for an attorney and legal fees.
Figures released recently showed that the divorce rate last year was the lowest yet, and analysts say economic uncertainty has made unhappily married couples reluctant to part ways. Few couples divorce during tough economic times because lawyers fees are simply too expensive, often resulting in further financial problems for the couple as they enter their new lives.
Best Options
Go to your local magistrates court and ask for their assistance. It is reasonable and just as efficient.
By: Jane Van Velsen