Contested Divorce

A contested divorce occurs when spouses cannot agree on the terms and conditions of their divorce. The most common disagreements are in relation to child maintenance, childcare and visitation and the division of assets.

The court must then decide how to deal with the disputed issues.

The litigation process can sometimes take up to three years to conclude, causing prolonged emotional and financial harm to all family members involved.

This is why Bailey Haynes Inc. offers litigation services concerning contested divorces as well as divorce mediation services.

The process of a contested divorce includes:

Pleadings

The initial stage that helps establish the facts regarding the summons of the divorce and the defence, and provides a space for the defendant to make a plea and counterclaims.

Application for and set down of a trial date

Once application for the divorce has been processed – the court will allocate a trial date.

Discovery of documents

Evidence and documents must be presented to the court and the defendant must be allowed time to read such evidence before trial.

Further discovery / particulars

During this stage, parties are allowed to request additional documents that are relevant and need to be disclosed by either party.

Pre-trial conference

A pre-trial conference may be requested by either party or the court, and is held to consider a divorce settlement before the trial begins.

Trial

Day of trial - both parties have to attend court on this day.

Judgement

Judement passed by court regarding - child maintenance, childcare and visitation and the division of assets.

Bailey Haynes Inc – Divorce Lawyers in Cape Town

At Bailey Haynes Inc. our divorce lawyers in Cape Town aim to create a divorce process that is as free from the usual stressors.

We strive to lessen the financial and emotional burdens of divorce by always offering quality insight into your unique situation.

Contact Bailey Haynes Incorporated for expert legal advice.