Top Divorce Lawyers in Hermanus

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Divorce lawyers specialize in family law cases related to divorce, separation, and dissolution of marriages in South Africa.
They assist clients in navigating the legal complexities of divorce, addressing matters such as child custody, spousal support, property division, and the overall legal process of terminating a marital relationship.

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What is the difference between a contested and an uncontested divorce?

An uncontested divorce is when both spouses agree on all aspects of the divorce, including child custody, property division, and financial support. A contested divorce occurs when spouses cannot reach an agreement on one or more issues, requiring court intervention to resolve the disputes.

How is alimony determined in a divorce?

Alimony, or spousal support, is determined based on various factors such as the length of the marriage, the earning capacity of each spouse, the standard of living during the marriage, and the financial needs of the dependent spouse. Each state has its guidelines for calculating alimony, and a divorce lawyer can help you understand the specifics of your jurisdiction.

Can I change my name back to my maiden name after a divorce?

Yes, you can change your name back to your maiden name after a divorce. This process typically involves petitioning the court for a name change order and submitting the necessary documents. A divorce lawyer can assist you with the required paperwork and guide you through the process.

How are assets divided in a divorce?

Asset division in a divorce depends on whether you live in a community property state or an equitable distribution state. In community property states, marital assets are divided equally between spouses. In equitable distribution states, assets are divided equitably (fairly), which may not necessarily result in an equal split. A divorce lawyer can help you understand the specific laws in your jurisdiction and negotiate an asset division agreement that meets your needs.

What happens to joint debts in a divorce?

In most cases, joint debts acquired during the marriage are considered marital debts and are divided between the spouses as part of the divorce settlement. This division depends on factors such as each spouse's ability to pay and the circumstances under which the debt was incurred. A divorce lawyer can help you negotiate a fair and manageable debt distribution arrangement.

Can a divorce settlement be modified after the divorce is finalized?

Certain aspects of a divorce settlement, such as child custody, visitation, child support, and alimony, can be modified after the divorce is finalized if there is a significant change in circumstances. To modify a divorce settlement, a party must petition the court and demonstrate a valid reason for the requested change. A divorce lawyer can help you determine whether a modification is warranted and guide you through the process.

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Divorce lawyers in South Africa handle legal matters related to the dissolution of marriages and the associated legal issues such as spousal support, child custody, and division of assets. Divorce law in South Africa is primarily governed by the Divorce Act of 1979. This act provides the legal framework for divorce proceedings and the resolution of related matters. The Law Society of South Africa, along with its provincial branches, oversees and provides guidance to divorce lawyers. To find more information about divorce law and the Law Society of South Africa, you can visit the following links:

  1. Divorce Act: https://www.justice.gov.za/legislation/acts/1979-070.pdf
  2. Law Society of South Africa: https://www.lssa.org.za/
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