The procedure for filing for divorce can be long and laborious in addition to expensive. However there are ways in which to avoid the costs involved. One such way is to download divorce papers online for a small fee. However these papers are only of any use should your application for divorce be uncontested. They claim that their pack has step by step instructions of what do to so that you do not have to pay a lawyer a ridiculous sum of money to do the job for you.
However, should you and your former partner not agree on the terms, then the procedure for filing for a divorce is a little bit more complicated. The process of getting a divorce can take anything from a few months to over a year depending on the circumstances. Firstly there is the preparation for the proceedings at which the divorce attorney will ask you a lot of questions and will require you to fill in documents in order to file for divorce.
The next stage is the filing of pleadings whereby instructions are sent to the sheriff of the jurisdictional area involved to serve the combined summons and the particulars of the claim to your spouse. Only once your spouse responds to the papers and the pleadings have been closed, will the divorce attorney apply for a trial date.
Should both parties be willing to agree to a settlement, a trial date may not be necessary. Regardless of this fact though there is a discovery process whereby the divorce attorneys of both parties will send out the request for documentation such as income information and other documentation in order to determine a fair settlement amount. Should the parties not be able to agree a settlement out of court, then the case will go to trial and the judge will decide on what each party is entitled to. Each day in court can cost thousands of rands so therefore it is best to settle out of court.