Wednesday, December 21, 2011

Divorce in South Africa - Your Best Options

By Aiden Garcia


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.

In accordance to the law, public divorce records are one of those information and documents that are controlled by the government that should be made available to the public for any purpose they may serve. Such law is also mandated by The Freedom of Information Act 1966. This time, better than before, certain means are easily provided for the public to have easy access to these records. The search can be done through government agencies who offer these so-called free divorce records or from promotional sites and professional record providers too. Obviously, the latter makes a difference in the sense that it requires certain fee.

Lawyers typically will charge you based on an 'hourly rate'. For simple matters they will usually offer a flat fee, but a contested divorce is rarely simple. Believe it or not, the national average for a billing rate is $285 per hour and can range upwards of $1000/hr, so you certainly want to keep your time spent with a lawyer at a minimum. You can save an incredible amount of time (and money) with the lawyer if you go into the first meeting 'prepared' with a solid idea of want you want to accomplish and an understanding of what needs to be done to reach that goal.

Divorce Records Texas can be obtained by anyone in various ways depending on the purpose or reason for searching. However, it is only through the District Clerks' office where the divorce was granted that one can have a certified copy of Texas Divorce Records as well as those divorces that were applied before 1968 when the divorce applications were not yet filed with the State offices until that said year.

You can order divorce verification by submitting an application personally or by mail together with the necessary payment. Aside from that, it can also be done by logging on to TexasOnline on its official eGovernment site for the State of Texas given that you can wait within 10-15 business day processing time.

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.




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