[D104] SHOULD YOU FILE FOR DIVORCE FIRST? PROS AND CONS

[D104] SHOULD YOU FILE FOR DIVORCE FIRST? PROS AND CONS

Does it matter who files for divorce first in South Africa? This video covers whether filing the divorce first is a good strategy for you.

Here are the Benefits of Filing for Divorce First

1. Control – In being first, you will slightly control the case more. You can decide to cancel the divorce, if they haven’t filed response. Because you have until your spouse files an answer to your summons to cancel the divorce. In deciding when to file you don’t need to worry about a reason. South Africa has a no-fault divorce system. This means the reason for the divorce doesn’t matter. All you need to show the court is you both have “irreconcilable differences.”

2. Timing- By filing first you get to choose the timing of the divorce. By law, your spouse has about 20 days to contact a divorce lawyer and prepare a response to your filed papers. If they fail to file the response, you can get a default divorce. Meaning an uncontested divorce

3. Element of surprise -Not everyone sees the divorce coming. Surprise can be unsettling and may give you an advantage.

Common Filing First Questions

1. Can Both Spouses File for Divorce?
This is a question we often get. No, only one spouse can file first. They are referred to as the plaintiff. The other spouse is the defendant.

2. If I File for Divorce First, Do I Get Custody?
No. Filing first does not affect custody decisions. The judge looks at the roles of both parents in the child’s life. The Judge then decides based on what is best for the child.

=== ATTORNEY INQUIRIES ===
CONTACT: Aslam Moolla
EMAIL: Law@legal-leaders.co.za
WEBSITE: https://www.legal-leaders.co.za/services/family-law/

=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu-Natal. Our law office is based in Umhlanga, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.

=== SOCIAL MEDIA ===
WEBSITE: https://www.legal-leaders.co.za/services/family-law/
LINKEDIN: https://www.linkedin.com/in/aslammoollalawyer/
FACEBOOK: https://web.facebook.com/Aslammoollalawyer
INSTAGRAM: https://www.instagram.com/legalleaderssa/
TWITTER: https://twitter.com/LegalLeadersSA1
PINTEREST: https://za.pinterest.com/LegalLeadersSA/
TIKTOK: https://www.tiktok.com/@legalleaderssa?lang=en

=== FREE DOWNLOADS ===

🧒 South African Child’s Best Interest Checklist
✔️ Know what factors the Court will look at when deciding custody in your case.
👉 Please Email Us

👫 FREE Parenting Plan Guide
👉 Please Email Us

=== ABOUT ASLAM MOOLLA ===
💼 Aslam Moolla is a licensed Attorney with a Masters in Law who specializes in Divorce and Labour Law. In 2014, he was awarded the Lexis Nexis Prize by the University of KwaZulu Natal. Our law office is based in Morningside, Durban. We developed this series of videos to show you how to handle yourself in court and achieve the best outcome for your case.

=== SOCIAL MEDIA ===
FACEBOOK: https://web.facebook.com/Aslammoollalawyer
WEBSITE: https://www.legal-leaders.co.za/
LINKEDIN: https://www.linkedin.com/in/aslammoollalawyer/

=== TIME STAMPS===
00:00 Pros and cons of filing for divorce first in South Africa
00:55 Advantage 1 – You get to control the divorce case
02:25 Advantage 2 – Timing of the divorce is in your control
02:56 Advantage 3 – Element of surprise is in your favour
03:41 Advantage 4 – Stop your spouse from hiding assets from you
04:29 Disadvantage – Be prepared or your spouse will see your case
05:19 Commonly Asked Legal Questions

🔔 Subscribe for more

=== RESOURCES CITED IN THIS VIDEO===
Divorce Act of South Africa

=== LEGAL DISCLAIMERS ===
Legal Disclaimer: This video recording is for educational purposes only and should not be considered as the rendering of legal advice. The viewing of this recording does not create an attorney-client relationship with Aslam Moolla. Please consult an Attorney to get specific legal advice to your specific situation

#divorcelaw #filingfordivorce #divorcelawsouthafrica