[D104] SHOULD YOU FILE FOR DIVORCE FIRST? PROS AND CONS

Does it matter who files for divorce first in South Africa? This video covers whether filing the divorce first is a good strategy for you.
Here are the Benefits of Filing for Divorce First
1. Control - In being first, you will slightly control the case more. You can decide to cancel the divorce, if they haven’t filed response. Because you have until your spouse files an answer to your summons to cancel the divorce. In deciding when to file you don’t need to worry about a reason. South Africa has a no-fault divorce system. This means the reason for the divorce doesn’t matter. All you need to show the court is you both have “irreconcilable differences.”
2. Timing- By filing first you get to choose the timing of the divorce. By law, your spouse has about 20 days to contact a divorce lawyer and prepare a response to your filed papers. If they fail to file the response, you can get a default divorce. Meaning an uncontested divorce
3. Element of surprise -Not everyone sees the divorce coming. Surprise can be unsettling and may give you an advantage.
Common Filing First Questions
1. Can Both Spouses File for Divorce?
This is a question we often get. No, only one spouse can file first. They are referred to as the plaintiff. The other spouse is the defendant.
2. If I File for Divorce First, Do I Get Custody?
No. Filing first does not affect custody decisions. The judge looks at the roles of both parents in the child’s life. The Judge then decides based on what is best for the child.
=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: [e-mail]
WEBSITE: www.legal-leaders.co.za/servi...
=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu Natal. Our law office is based in Morningside, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.
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WEBSITE: www.legal-leaders.co.za/
LINKEDIN: / aslammoollalawyer
=== TIME STAMPS===
00:00 Pros and cons of filing for divorce first in South Africa
00:55 Advantage 1 - You get to control the divorce case
02:25 Advantage 2 - Timing of the divorce is in your control
02:56 Advantage 3 - Element of surprise is in your favour
03:41 Advantage 4 - Stop your spouse from hiding assets from you
04:29 Disadvantage - Be prepared or your spouse will see your case
05:19 Commonly Asked Legal Questions
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=== RESOURCES CITED IN THIS VIDEO===
Divorce Act of South Africa
=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation
#divorcelaw #filingfordivorce #divorcelawsouthafrica

[@niki_thechef1161]

Good day I would like to find out does this information also apply to customary marriage that was not registered?

[@mmmotives7452]

Please make video of Spouse Abandonment and specifically a Disabled Spouse. Thank you!

[@legalleaderssouthafricanfa6798]

Hello there, thank you. Will do!

[@mbonganizondi]

Who is liable for the legal fees in an uncontested/mutual understanding divorce, the plaintiff or the defendant?

[@legalleaderssouthafricanfa6798]

Hello Bongani - generally both parties contribute to the costs.

[@tiadee6358]

What happens to debts like credit when you divorce? If the husband has alot of debts is the wife liable to pay when they divorce?

[@legalleaderssouthafricanfa6798]

Hello Tia this is a good question. It depends on whether you are married in community of property or by antenuptial contract. This will affect how your divorce is finalized in South Africa.

[@tiadee6358]

@@legalleaderssouthafricanfa6798 its community of property, so we share debts? Even if he came with the debt before marriage?

[@legalleaderssouthafricanfa6798]

@@tiadee6358 That is correct
If you want a review of your case you can contact us on law@legal-leaders . co . za or 031 942 8863

[@o.ujonathan8414]

I've been waiting for devorce papers since last year, my wife filed first for divorce and when I ask her about this her response is, devorce papers are on the way🤷‍♂️
What can I do to get this over with, I want out, please guide me... wouldn't mind calling to get further information

[@legalleaderssouthafricanfa6798]

Hello O.U Jonathan
Generally divorce summons only lasts for a year if it has not been served.
And in terms of South African law, only the Sheriff of the Court can serve you with divorce papers. Regardless of whether it is a contested or uncontested divorce.
We would suggest that you book an appointment with our office so that we can go through all of the details of your case.
To book your appointment, please email us: [e-mail]
Speak to you soon,
Aslam Moolla
Attorney

[@nokuzolamakroti3845]

Good evening Mr Jonathan,
I have filed for divorce twice, we have been separated for 4 years now.
My estranged partner is deliberately avoiding the sherrif. He doesn't want to sign the papers.
Is there anything that can be done, so that I can get this over and done with?

[@legalleaderssouthafricanfa6798]

@@nokuzolamakroti3845 Please contact us for legal help. [e-mail]