Best Lawyer » Marriage Divorce

Divorce Without A Lawyer

admin — Wed, 20 Jan 2010 21:02:59 +0000

Divorce can sometimes be the best last option in a bad marriage. However, getting a divorce is not an easy task. The procedure usually involves a lot of legal complexities relating to the custody of children, property, alimony, child support and other such issues. Letting a divorce lawyer deal with all such messy issues would be the best choice for either party.

Although many cheap divorce methods are available, the very best would still be the kind that both partners can do among themselves without involving an outsider. Letting a lawyer in would be somewhat a burden, particularly when the case drags for a long time causing emotional turmoil for either parties, all the while being heavy on the pockets.

There is now available a method to deal with a divorce without a lawyer or an attorney. Known as the Pro Se divorce, or more popularly as the do it yourself divorce, it entitles both the parties filing the divorce papers themselves. However, Pro Se divorce can be filed only under certain conditions and might not be the best option for many.

The first criterion to file a Pro Se divorce is that the divorce is uncontested by either parties, either with respect to children or property. Also, the children, if any are involved, must all be of legal age and so must not be brought into the case. Any kind investment such as deposits, stock, retirement or pension options must not be present for either party. Alimony is not dealt with in case of do it yourself divorce and so the parties must definitely hire a lawyer for the same.

It is compulsory that both the parties file for the Pro Se divorce, instead of one opting for a lawyer and the other going in for the do it yourself divorce. Also, those in military cannot file through this method while in service. A lawyer is compulsory for such military divorce cases. History of physical or mental abuse on either partner by the other, debt, bankruptcy etc., are other conditions that must not be present while filing for a Pro se divorce case. It is also a condition that both the parties are financially well off after the divorce and would not need any kind of support from the other, such as alimony.

Pro Se divorces, as mentioned, involve a lot of legalities that both the partners must consider before opting for this method of divorce. However, one major advantage with this kind of divorce is that it saves a lot of money in form of lawyer fee. But one disadvantage would be that the clients would need to represent themselves in the court with no legal help from a lawyer. Getting the initial paperwork reviewed by an experienced lawyer would be a good choice before filing the papers. This would ensure that all the requisite documents are being provided and getting a separation is only a matter of time even with individual representation in the court without the assistance of a lawyer. The list of documents to be submitted is available on the Internet on websites that help with Pro Se divorces and are relatively easy to locate.

By: Kent Pinkerton

Divorce in South Africa – Your Best Options

admin — Tue, 05 Jan 2010 06:17:03 +0000

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

Divorce Lawyers For Men

admin — Fri, 01 Jan 2010 20:38:54 +0000

Divorce is the term used to refer to the legal dissolution of marriage. Divorce involves a lot of mental trauma apart from the obvious financial strains. Couples undergoing divorce require considerable support and understanding from their colleagues and their family. Most divorces cost thousands of dollars and take months to complete. A significant part of the costs involved in divorce proceedings is the fees to be paid to the attorneys involved. There are many attorneys who specialize as divorce lawyers for men.

Typically, in any divorce case, the needs of the husbands are different from that of the wives. Husbands also have to deal with substantial financial strain apart from the attorney fees. Alimony is a major factor in divorce proceedings, from the point of view of the male partner. A fair calculation of the alimony amount is essential to protect the husband’s interests. It especially becomes complicated when the couple has children, due to the custody issues that have to be sorted out. To protect his rights, it is necessary that the male partner involved in a divorce engages a lawyer who focuses on handling divorce cases for men.

ADAM or American Divorce Association for Men is an organization that deals with divorce issues faced by men. It ensures that the man knows his legal rights and various other facets of the separation such as child custody, child support and alimony – and what he is legally obliged to with each.

Divorce attorneys discuss the different legal options available, in detail, with their clients. They counsel them on the various options available to them during the divorce proceedings. It is important for men seeking divorce to get sound legal advice in order to secure their finances in the future. During a divorce, the family finances may be examined and divided by the court. Good divorce attorneys can provide advice on parenting plans after the divorce, keeping the best interests of the father and the children. They can also refer and recommend counselors and therapists, who can help the family get through the difficult times.

By: Kent Pinkerton