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WHAT IS DIVORCE?

Divorce or dissolution of marriage is the process of terminating a marriage.  It requires the termination of the legal duties and responsibilities of the marriage. Divorce involves the division of property, child custody and visitation rights, child maintenance, spousal maintenance etc.

Once you have decided that you require a divorce, you will be able to obtain a divorce on the grounds of irretrievable breakdown of the marriage relationship. The court will decide whether the marriage has irretrievably broken down based on the evidence presented during the hearing. You will need an attorney who is experienced in divorce and family law in South Africa. Burger Huyser Attorneys are one of the leading and affordable Divorce Lawyers in Johannesburg who will be able to guide you in the unfortunate event of your divorce.

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WHAT ARE THE LEGAL GROUNDS FOR DIVORCE IN SOUTH AFRICA?

There are several grounds for the irretrievable breakdown of a marriage relationship that a court may grant a decree of Divorce. These grounds include, but are not limited to:

  • Adultery;
  • Physical or verbal abuse;
  • Lack of love, affection and/or communication between parties;
  • The parties are incompatible and have different interests
  • The parties have grown apart from each other to the extent that they lead independent and separate lives to the exclusion of each other;
  • If a spouse is declared a habitual criminal and is in prison;
  • If a spouse is mentally ill;
  • If a spouse is continuously comatose/unconscious.

TYPES OF DIVORCE IN SOUTH AFRICA

Uncontested or Unopposed Divorce

If the relationship between you and your spouse is amicable and you have already decided on the terms of your settlement agreement, the process is a lot faster and simpler than in the case of an opposed divorce.

One of our attorneys specialising in Family Law will draft the settlement agreement in order to ensure that it is in terms of the Divorce Act and court’s requirements. If there are minor children born from the marriage the settlement agreement needs to be endorsed by the offices of the Family Advocate to determine the best interest of the minor children.

Contested or Opposed Divorce

Should the parties be unable or unwilling to reach a settlement agreement, the divorce will proceed an an opposed/contensted basis. Each party required their own attorney.

The important aspect when deciding to divorce is the fact that you must feel comfortable with the attorney you decide on. You must trust, respect and be aware of the experience the chosen attorney has to take your case to trial in a contested divorce.

INSIST ON TOP LEGAL REPRESENTATION FROM DIVORCE ATTORNEYS THAT GETS RESULTS

After deciding on a divorce you have the right to be represented by the best divorce attorneys in Johannesburg.  It is advisable to not stay in a relationship when you are unhappy and especially after doing everything possible but to no avail.  Do not stay in a relationship for the sake of your children. You might do more damage to the children than if you were divorced.

NEED TO CONSULT WITH TOP DIVORCE LAWYERS IN JOHANNESBURG? CONTACT OUR DIVORCE ATTORNEYS TODAY.

Choose Burger Huyser Attorneys as we have gained vast experience in dealing with divorce over the years. We pride ourselves on delivering a discreet and confidential service, whilst ensuring you obtain the best possible outcome for your welfare and future.

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