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Contested Divorce

A contested divorce is the least favourable process for each spouse and their families. This litigation process can either take three months or drag on for as many as three years (sometimes longer), causing much emotional and financial harm to all family members involved.

This type of divorce occurs when spouses cannot come to an agreement on the terms and conditions of their divorce, or when one spouse decides to dispute the reason for the divorce. The most common disagreements are in relation to maintenance, childcare and the division of assets.

In this situation, the court is left to decide how to deal with the issues that are in dispute. These disagreements may seem strange, but due to the highly emotional nature of divorces, it may be difficult to keep a calm and logical perspective concerning these matters.

This is why Van Deventer & Van Deventer Incorporated offers litigation services concerning contested divorces as well as divorce mediation services.

The process of a contested divorce includes:

  • Pleadings – used to establish the facts regarding the summons of the divorce and the defence, and allows the defendant to make a plea and counterclaims.
  • Application for and set down of a trial date – the person applying for the divorce applies for the trial date, which is allocated by the court.
  • Discovery of documents – the evidence in the form of documents which will be used must be raised formally, and the defendant allowed the time to read before the trial.
  • Further discovery / particulars – if one of the spouses believes more relevant documents need to be disclosed by the other party, this is the time to request such documents.
  • Pre-trial conference – If requested by the court or either party, a conference will be held to consider a settlement taking place before the trial begins.
  • Trial
  • Judgement

Van Deventer & Van Deventer Incorporated - Divorce Lawyers

Here at Van Deventer & Van Deventer Incorporated our divorce lawyers strive to create a process of divorce that is as free from the usual stressors as possible. We aim to lessen the financial and emotional burdens that come with divorce by giving quality insight into your unique situation.

We firmly believe that this is not merely the end of one chapter of your life, but much more importantly, the beginning of a brand new chapter.

Contact Van Deventer & Van Deventer Incorporated here to facilitate all your legal needs in a divorce, and to open the door to your new life.