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What is expected from a person whose partner is filing for a…

Hi. What is expected...

Hi. What is expected from a person whose partner is filing for a separation?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

A brief overview of the relationship from dating to marriage to date, and the overview of the reason for the request given to the partner by the person filing for separation.

Lawyer's Assistant: Family law varies by state. What state is she in?

Gauteng South Africa

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The person filing does not want a divorce and insists that it is for the purpose of separating financial responsibilities. Reason for separation is no intimacy for a period of a year and a series of intimacy rejections over the 20 year marriage.

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Answered in 10 hours by:
1/8/2018
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,813
Experience: Practicing attorney and conveyancer with 16 years post article experience.
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Hi I'm Freddie,

Welcome to Just Answer. Thank you for your question. I am reviewing it now and will post a reply here ASAP.

Regards

Ask Your Own South Africa Law Question

Do you mean the person filed for a divorce?

In South Africa there is no legal term as separation.

The question, what is expected of the person who receives a summons for a divorce, depends entirely on what the person wants to accomplish. Does he/she want to oppose the divorce or does he/she agree to the divorce? Then the next question is what exactly is the legal remedies which the other party is asking for in the divorce summons? In other words, the other party is asking for an order of divorce and (for example - payment of maintenance, custody of the minor children, a division of the estate etc).

So, depending on these things, the person who receives the summons should serve and file a notice of intention to defend, with the assistance of an attorney, and then the matter can be taken from there. The best outcome would be for the parties to reach an amicable settlement before a summons is issued, however, if this cannot be done, the attorneys should attempt to reach such a settlement.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further questions here on this topic at no extra cost if you need more information.

Regards

Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,813
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified
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Thank you so much for the positive rating. I hope I can be of assistance to you again in the future.

You may request me personally.

http://www.justanswer.com/law/expert-fwlombard1/

Regards

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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