Posted by: Bertus on Mar 18, 2010
The eDivorce Divorce
This is by far the cheapest and fastest way to divorce in South Africa. In this situation, make a pot of coffee, you sit down with your spouse, and work out an arrangement to divide your earthly goods.
Next, you negotiate if there will be any spousal maintenance and if so, for how long, and so forth. If you are able to get through these initial matters, you move on to the most important one; child access and parenting. By that point, if you haven't dissolved into screaming, you are both in a state of caffeine overload!
The next step is to go online to www.edivorce.co.za to prepare your divorce documents. The steps are easy and you basically fill in a questionnaire and follow the do-it-yourself approach. The eDivorce system generates your documents and you do the filing at court, it’s fast simple and reliable.
eDivorce’s cutting-edge technology revolutionized the divorce process in South Africa. Never before has a process been offered for divorcing couples that removes the adversarial element inherent in many divorce proceedings and which minimize costs to the core.
Mediation: Using A Neutral Third Party To Resolve Issues
In mediation, the couples appoint a trained, impartial person to help them resolve specific disputes relating to their divorce. Some mediators are also attorneys, so they have knowledge of the legal requirements of working out a valid settlement. A mediator acts as a guide, encouraging communication between the parties and writing down agreements reached.
The mediation process is a cooperative approach to divorce. Together the parties work with the mediator to understand the issues and develop creative solutions. More importantly, the parties stay in control rather than sitting on the sidelines and leaving major decisions about their life to a judge.
Because of its informality and stress on communication, parties may reach an agreement quickly and economically. This can eliminate a lot of post-divorce litigation. Mediation can work for divorcing couples as well as couples who want a separation but are unsure about divorce.
Should you need to follow the mediation route, then you may want to visit www.divorceattorney.co.za and contact them to assist in the process.
Advantages of mediation
- The process promotes communication and cooperation.
- It allows the parties, not the court, to make decisions affecting their future.
- It promotes positive family relationships by reducing conflict.
- It's confidential.
- Mediation usually costs less than litigation.
Disadvantages of mediation
- Because the mediator is only one person, they cannot personally advise either party. Thus the parties may not be fully informed of their options as they would be in the litigation process.
- If one party is dominant, the other party may not be able to fully express their views without the support of their own lawyer.
- Since the focus is on resolution, the many possible scenarios available to each individual party are usually not explored.
Attorney-Negotiated Settlement: The Traditional Approach
Currently the most common method of divorce is where each party appoints an attorney, one of them files for divorce, and the other defends. Then the attorneys begin to negotiate a settlement, or both parties make use of one attorney to attend to the whole process, including working out a settlement.
Advantages of attorney-negotiated settlements
- The attorney is active in each step of the negotiations.
- Parties can be assured that all legal issues have been dealt with.
Disadvantages of attorney-negotiated settlements
- Costs more than self-negotiated or mediated settlements.
- Attorneys bring their own biases to the negotiations. Parties must pay attention to ensure that their position, not the attorney's own life experience, is being presented.
- The procedure can get very elaborate. Instead of one spouse talking to the other, they call their attorney, who calls the other spouse's attorney, who calls their client, and the process is then repeated in reverse.
- Parties tend to become passive since their attorneys take charge of the details of the case.
- Parties can often feel like they are left on the sidelines while the attorneys fight it out between themselves.
Litigation: The Last Resort
Only 2% of divorce cases go to trial
Most divorcing couples do not want to end up in court. An actual case before a judge is truly the last resort for couples who are so entrenched in their positions that compromise is impossible. There may also be a desire to prove that the other spouse is the "bad guy" in the drama.
In a trial each spouse's attorney argues their client's position on the disputed issues. Witnesses, including family members or friends, may be called and experts may be brought in by each side to give opinions on child custody arrangements or to value property.
Advantages of litigation
Below are some advantages of litigation
- It may be the only choice left after all else fails
- Decisions can be appealed
- Parties can get their day in court
Disadvantages of litigation
Below are some disadvantages of litigation
- Trials can take a lot of time. If the court has a busy role, it can take years to finalize.
- Parties tend to involve their children and try to get them to take sides.
- It is very expensive, financially and emotionally.
- Trials lock parties into their positions, believing they are the victim and the other spouse the villain. Often they call friends and family in to back up their side of the story.
- Co-parenting successfully is difficult after a trial.
- Parties never forget the bad things their spouse said about them at trial.