Divorce Attorney Services
What is Divorce?
Divorce is the legal termination of a marriage, involving the dissolution of marital rights and obligations. It results in the division of shared property, financial assets, and care and contact arrangements for the children born of the parties. The process is legally complex and emotionally charged, requiring careful handling to ensure the rights of both parties are fairly represented.
What is a Divorce Attorney?
A divorce attorney is a legal professional specialising in family law, specifically managing divorce cases. Their role includes guiding clients through the intricacies of the legal process and advocating for their best interests regarding property division, child contact and care arrangements (previously known as child custody), and financial support or maintenance. With the expertise of a divorce attorney, you can ensure that your rights are protected during one of the most challenging periods in life.
Our Divorce Services
At Goldman Schultz Attorneys, we provide comprehensive divorce services tailored to meet your individual needs:
♦ Legal Expertise and Advice: We provide sound, strategic advice to guide you through every stage of your divorce.
♦ Initiating and Defending Divorce Proceedings: We assist in filing the necessary documents to commence or defend your divorce in court.
♦ Mediation and Negotiation: We strive to resolve disputes through mediation, saving time, costs, and emotional strain.
♦ Child Contact and Care (Custody) and Support (Maintenance): Our team ensures that your child’s best interests are prioritised, navigating custody and support arrangements with care.
♦ Property Division: We help you achieve the distribution of property fairly and in accordance with your marriage regime, best protecting your financial security post-divorce.
♦ Spousal Support and Maintenance: We secure fair maintenance or spousal support arrangements that are in line with your needs and legal provisions governing this contribution;
♦ Court Representation: If mediation fails, we represent your interests in court with unwavering dedication.
♦ Legal Compliance: We ensure that all legal requirements are met throughout the process.
♦ Creating Divorce Papers, settlement agreements and parenting plans: We prepare legally sound divorce documents to ensure the swift progression of your case.
Why We Specialise in Divorce Law
At Goldman Schultz Attorneys, we recognise that divorce cases are sensitive, deeply personal and individualised. Our focus on divorce law stems from our commitment to supporting clients through this emotionally charged process with empathy, discretion, and precision. We specialise in crafting legal strategies that protect our client’s rights and future stability, whether negotiating settlements or representing them in court.
Why You Should Choose Us
Choosing Goldman Schultz Attorneys means partnering with a law firm that prioritises your needs and legal rights. Our expert divorce attorneys are not only experienced but are also passionate about helping you achieve the best possible outcome. We offer a client-focused service that is compassionate yet assertive, ensuring that every step of your divorce is handled with the utmost care. Our focus on tailored solutions means your unique circumstances will be considered at every stage.
Book a consultation today to explore how we can assist with your divorce case.
Key Issues to Consider Regarding Divorce
Divorce can be a complex process, and several key issues must be carefully managed to protect your future:
Child Contact and Care (Custody):
Ensuring the best interests of your children are at the forefront.
Property Division:
Fairly, and in accordance with your marriage regime, dividing marital assets and liabilities.
Financial Support:
Determining whether spousal and child support is necessary and what is reasonable.
Emotional Impact:
Managing the personal stress that comes with divorce.
Each of these factors can influence the final outcome of your divorce, making it vital to have expert legal advice.
Types of Divorce
There are two primary types of divorce:
Contested Divorce: This occurs when the spouses cannot agree on key issues, requiring the court to resolve matters such as custody, support, and property division. Contested divorces often involve prolonged litigation and are generally more costly.
Uncontested Divorce: In an uncontested divorce, both parties agree on all terms, including child contact and care (custody), property division, and support arrangements. This process is faster, less stressful, and more affordable than a contested divorce, but still requires legal oversight to ensure fairness and compliance with the law.
Andrea Goldman – Specialist Divorce Attorney
Andrea Goldman is a highly regarded divorce and family law attorney at Goldman Schultz.
With years of experience in handling complex divorce cases, she is known for her exceptional legal expertise, empathetic approach, and results-driven mindset. Andrea is committed to helping her clients navigate the legal and emotional complexities of divorce with confidence and clarity. Her dedication to achieving fair and favourable outcomes has earned her a reputation as a trusted advisor in family law.
Andrea is the chairperson of the Kwa Zulu Natal Family Law Forum, the leading body of family law practitioners in Kwa Zulu Natal, advocating for the best practice modality in the family law in the region.
Book Your Consultation Today
If you are considering divorce or are already in the process, we are here to help. Book a consultation with our expert divorce attorney today to receive legal advice tailored to your unique situation. Let us guide you through this challenging time with the expertise and support you need.
Contact us
Reviews
Goldman Schultz and Andrea Goldman in particular have offered me professional, expert service in dealing with my ex-husband and maintenance issues.. Andrea has a professional reputation that precedes her, is confident, knowledgeable, able to put one at ease and an all-round asset to have in one’s corner. I’d highly recommend Goldman Schultz Attorneys.
– Melany Dallas
Divorce Attorney FAQs – Goldman Schultz Attorneys
How much is a divorce lawyer in SA?
The cost of a divorce lawyer in South Africa varies based on the complexity of the case. Uncontested divorces are generally less expensive, ranging from R15,000 to R25,000. Contested divorces, involving litigation, can cost between R50,000 and R150,000 or more, depending on the length and intricacy of the case. Legal fees typically cover consultations, document preparation, and court appearances.
What will I lose if I get divorced?
The division of assets during a divorce is determined by the marital regime (in or out of community of property). In a marriage in community of property, all assets and debts are split equally. In an out-of-community marriage with accrual, assets gained during the marriage are divided based on the accrual system, if applicable. A marriage out of community of property without accrual results in both parties retaining their pre and post divorce assets and debts individually. There are subtle exceptions to the rule and for this reason each divorce must be dealt with on a individual basis – the facts are different in every divorce, which means the legal position is different, in every divorce.
Do I need a lawyer for divorce in South Africa?
While it is possible to file for divorce without a lawyer in South Africa, having legal representation is strongly recommended, especially in contested cases. Legal proceedings are complex and just as you would not operate on yourself in s surgical environment, legal proceedings are best dealt with by lawyers. Divorce lawyers help protect your rights, ensure fair settlements, and navigate complex legal procedures. For uncontested divorces, a lawyer can expedite the process by preparing the necessary documents and ensuring compliance with legal requirements. Often clients need lawyers to try and fix unintended consequences of a “DIY’ divorce. It is much cheaper and easier getting it right the first time.
How to get a free lawyer in South Africa?
Free legal services in South Africa can be accessed through Legal Aid South Africa, which offers assistance to individuals who cannot afford a private lawyer. You must meet certain financial criteria to qualify for this aid. Legal Aid provides representation in both civil and criminal matters, including divorce cases.
How to get quickly divorced?
A quick divorce is possible if both parties agree on all terms, known as an uncontested divorce. This process is typically resolved within 3 to 4months, depending on the court’s availability and how quickly the divorce is settled. You must file the necessary documents, including a summons, settlement agreement, and appear briefly in court for the divorce to be finalised.
What is a wife entitled to in a divorce settlement in South Africa?
A wife’s entitlement is determined by the marital regime and the assets and liabilities of the joint estate or the respective parties, depending on the facts of the matter. In community of property, all assets and liabilities are split equally. In out-of-community marriages with accrual, the growth of assets during the marriage is shared. Additionally, she may be entitled to spousal maintenance if the legal requirements are met.
Who loses the most in a divorce?
Divorce can financially affect both parties, but the impact varies. Financial losses depend on the division of property and maintenance arrangements. Emotionally, those who depend more on the marriage for financial security or have more emotional investment in the marriage may feel a greater sense of loss.
Who suffers most financially in divorce?
Typically, the spouse who earns less or has fewer financial resources may suffer more financially in divorce. The division of assets and obligations like child and spousal support can also place significant financial burdens on either party. However, each case is unique, and settlements vary based on individual circumstances.
Can a spouse refuse a divorce in South Africa?
No, a spouse cannot legally refuse a divorce if the other party wants one. South African law allows for divorce if the marriage has irretrievably broken down, even if only one spouse seeks it or feels the relationship is at an end. However, if the divorce is contested, it may delay the process, requiring court intervention to resolve issues like contact and care (custody) and property division.
What are the five stages of divorce?
The five stages of divorce are:
- Denial: Difficulty in accepting the end of the marriage.
- Anger: Frustration over the breakdown of the relationship.
- Bargaining: Attempts to reconcile or alter the situation.
- Depression: A sense of loss and sadness.
Acceptance: Coming to terms with the divorce and moving on emotionally.
How long does a divorce take to be finalised in South Africa?
An uncontested divorce can take as little as a few months, depending on the court’s schedule and how quickly settlement is achieved. A contested divorce, involving disputes over assets, contact and care (custody), or support, can take much longer – sometimes several months or even years, based on the complexity of the case and court availability.
Can legal aid help me with divorce?
Yes, Legal Aid South Africa provides assistance to qualifying individuals for divorce proceedings. You need to meet their financial means test to be eligible for free legal representation, particularly in cases involving child contact and care (custody) or financial need.
How to get a free divorce in South Africa?
A free divorce in South Africa may be possible through Legal Aid South Africa, which offers assistance to those who meet certain financial criteria. Uncontested divorces are generally more affordable, and some courts offer reduced fees for individuals representing themselves.
Who may not have money to afford the services of an attorney?
Individuals who are unemployed, have a low income or are financially dependent on their spouse may struggle to afford an attorney. In such cases, Legal Aid South Africa or pro bono services may be able to assist.
How much does a private lawyer cost in South Africa?
Private lawyers in South Africa typically charge an hourly rate, which can range from R1,500 to R5000, 00 per hour, or even more, depending on their experience and the complexity of the case and where they are based. There is no set rate for attorneys as each set their own fee rate. For a divorce, total costs can vary significantly based on whether the case is contested or uncontested.
What is the process for divorce in South Africa?
The divorce process begins with the filing of a summons by one spouse. If the issues, such as child contact and care (custody), maintenance, and division of assets, are agreed a settlement and parenting plan can be concluded and the matter proceed unopposed. If however agreement cannot be reached, the matter must proceed to trial and the court will make these decisions. In uncontested cases, the process is quicker, requiring only a court appearance to finalise the divorce.
What is the divorce rate in South Africa?
The divorce rate in South Africa has fluctuated in recent years. In 2019, around 23,000 divorces were recorded. The most common age for divorce is between 30 and 39 years. The rate is higher for couples married for less than 10 years, reflecting the strain many younger marriages experience.