LEGAL QUESTIONS

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...if the other party does not show up at court for the arrear maintenance case and you are applying for a garnishee order


🗒️ Answer

  1. If the other party does not show up to court for an arrear maintenance case when you are applying for a garnishee order, you can proceed with the case in their absence. The court can grant a default judgment against the absent party. [1]
  2. You should provide proof to the court that the absent party was properly notified of the court date. This is typically done through a sworn statement of service showing that they were personally served with the notice to appear. [2]
  3. The court can then proceed with the case, hear your application for a garnishee order, and grant the order if appropriate based on the maintenance order arrears. This allows you to garnish the absent party's wages or bank account. [3]
  4. If the absent party wants to challenge the default judgment and garnishee order later, they will have to apply to the court to have it set aside and provide good cause. But it is effective unless overturned. [4]


🌐 Sources

  1. divorcelaws.co.za - Steps against maintenance defaulters - A Comprehensive Guide
  2. ourlawyer.co.za - Non-compliance with Maintenance Orders — Civil and ...
  3. justice.gov.za - Justice/Family/Maintenance FAQ
  4. schindlers.co.za - Non-payment of maintenance orders and remedies
  5. journals.co.za - Some hurdles in the implementation of the Maintenance ...
  6. saflii.org - A R v M N (26583/2014) [2020] ZAGPJHC 215 (21 ...






...when you receive a summons for a divorce


🗒️ Answer

Here are some key steps to take when you receive a summons for divorce:

  1. Read through the divorce papers carefully and make sure you understand what your spouse is asking for in the divorce. [1]
  2. Consult with a divorce attorney as soon as possible. An attorney can advise you on your rights and options. [2]
  3. Formally respond to the summons within the required timeframe, usually 20–30 days. Your written response tells the court if you agree or disagree with the divorce terms. [3]
  4. Begin gathering important financial documents and records. Your attorney will need these to determine marital assets. [4]
  5. Do not ignore the summons. If you fail to respond in time, the court may enter a default judgement against you. [5]


🌐 Sources

  1. riette-oosthuizen-attorneys.co.za - What to Do if You are Served Divorce Papers
  2. hg.org - 6 Things to Do After Receiving Divorce Papers
  3. csra.law - You Just Got Served Divorce Papers | Your Next 5 Steps
  4. lawhelp.org - What Happens After I Have Served the Divorce Papers on ...
  5. familylawselfhelpcenter.org - How to Serve the Divorce Papers
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...when you receive a protection order


🗒️ Answer

Here are the key things to do if you receive a protection order:

  1. Do not violate the order. Comply fully with all the conditions set out in the order. Violating the order can lead to arrest or jail time [2].
  2. Consult a lawyer. A lawyer can review the order, advise on next steps, and represent you in court if needed [4].
  3. Appear at any scheduled court hearing. Failure to appear may result in the court issuing a warrant for your arrest [1].
  4. File a response if you wish to contest the order. You can file a response explaining why you believe the order should not have been issued or should be modified [6].
  5. Consider voluntarily complying even if you wish to contest. This shows good faith while you challenge the order through proper legal channels.

In summary, comply with the order, seek legal counsel, appear at all hearings, and respond properly in court if contesting the order.


🌐 Sources

  1. legal-leaders.co.za - You've been served with a protection Order - Now what?
  2. saps.gov.za - Applying for Protection Order (Domestic Violence)
  3. legalwise.co.za - Domestic Violence Law and Protection Orders
  4. legal.solutions - I have been served with a restraining order. What should I do?
  5. westerncape.gov.za - Obtaining a Protection Order
  6. criminaldefenselawyer.com - What to Do If You're Served With a Restraining Order
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...when your ex is alienating your child from you


🗒️ Answer

Here are some steps to take if your ex is alienating your child from you:

  1. Document all instances of alienating behaviors like refusal of visitation rights or badmouthing. This creates a record you can provide in court. [1]
  2. Speak to your ex directly and respectfully about stopping the alienation. Explain how it harms your child. If unreceptive, send a formal cease and desist letter. [2]
  3. Consult a family law attorney about filing for contempt of court if visitation is being denied. The court can enforce the custody order. [3]
  4. Attend co-parenting classes or therapy with your child to rebuild your relationship. This shows you are committed to your child's wellbeing. [4]
  5. As a last resort, file for full custody if the alienation severely damages the parent-child relationship. An attorney can advise you on this option. [5]


🌐 Sources

  1. en.wikipedia.org - Parental alienation
  2. divorcelaws.co.za - Parental Alienation
  3. divorcelaws.co.za - Refusal of Child Contact
  4. ourlawyer.co.za - Parental Alienation in South Africa
  5. mondaq.com - Parental Alienation in South Africa
  6. findanattorney.co.za - Parental Alienation


How can I protect my assets during the divorce process?


🗒️ Answer

There are several steps you can take to protect your assets during a divorce:

  1. Get a complete list of all assets and debts [1] This allows you to know exactly what is jointly owned vs individually owned.
  2. Open separate bank accounts in your name only [4] to protect at least some assets.
  3. Work with a forensic accountant [5] to accurately value any businesses or complex assets.
  4. Consult an attorney about using trusts [2] or other legal strategies to protect assets, if applicable.
  5. Avoid signing legal documents in a rush [6] without proper review.
  6. Understand the property division laws in your state [3] to know what is considered marital property.


🌐 Sources

  1. divorceattorney.co.za - Concealing Assets in Divorce: Protecting Your Interests
  2. martinvermaak.co.za - Divorce and Trusts: A Guide to Asset Protection
  3. smartasset.com - How to Protect Your Assets From a Divorce
  4. aarp.org - 6 Ways to Protect Your Money In a Divorce
  5. divorceattorneycapetown.co.za - Protecting business interests during divorce
  6. divorcelaws.co.za - Hiding assets in a Divorce in South Africa



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...if my divorce is not getting finalised?


🗒️ Answer

  1. Check if you meet all the requirements for a divorce. You need to be married for at least 1 year and prove your marriage is irretrievably broken down [1] [2].
  2. Make sure you have filed all the necessary divorce paperwork and court forms correctly [3]. Consider hiring a divorce attorney to review your paperwork.
  3. Attend all required court hearings and mediation sessions [4]. If you cannot agree on settlement terms with your spouse, the court will make a ruling.
  4. If your divorce is uncontested, request an unopposed/uncontested divorce for a faster process [5]. This requires you and your spouse to agree on all terms.
  5. Follow up regularly with your attorney or the court on the status if there are significant delays. The court may require additional paperwork or hearings before finalizing.


🌐 Sources

  1. legal-aid.co.za - Divorce Guide
  2. gov.za - How to get a divorce
  3. divorcelaws.co.za - The Divorce Process in South Africa
  4. lawyer.co.za - DIVORCE LAW
  5. anthonyinc.co.za - Divorce Law
  6. divorceattorneycapetown.co.za - A Guide to Divorce in South Africa



What are my rights and responsibilities as a non-custodial parent?


🗒️ Answer

  1. As a non-custodial parent, you still have certain rights and responsibilities regarding your child:
  2. You have the right to [2 - Rights of Custodial Parent vs. Non Custodial Parent] provide financial support for your child in the form of child support payments. This is your legal responsibility.
  3. You have the right to [4 - Custodial Parents & Noncustodial Parents: Rights & More] have visitation with your child and be involved in major decisions about their life, unless the court rules otherwise.
  4. You have the [5 - Child Contact with the non-custodial parent] right to maintain contact with your child through visits, phone calls, letters, etc.
  5. You have the right to [3 - Parental Rights and Responsibilities, and Guardianship] act as a guardian for your child, which involves the right to care for and make decisions about their wellbeing.
  6. Overall, you retain legal parental rights and responsibilities for your child's care and wellbeing, even as a non-custodial parent. Maintaining involvement and communication with your child should be a priority.


🌐 Sources


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