SA Response to Divorce Application & Court Attendance

Discussion in 'Family Law Forum' started by Reginald, 28 April 2019.

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  1. Reginald

    Reginald Active Member

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    Hi folks
    My soon to be ex FIL presented me divorce application papers, together with a court date for divorce hearing in a couple of months. (I assume this is "served" although I did not sign anything) I had previously asked the ex to contact my support person regarding an earlier version of the papers. (My ex wife has a PO against me). There were some minor amendments required in my view. She did not contact my support person, and so recently my ex FIL has provided updated divorce documents with a court date, and no amendments (given they did not contact my support person).

    I intend filing a "response to divorce" paper, with unemotional comment relating to why I disagree with the children's arrangements.

    Do need to attend court on the date given on the papers ?
     
  2. Tremaine

    Tremaine Well-Known Member

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    If there are underaged children involved, only the applicant need attend, though you may as well if you wish.
     
  3. sammy01

    sammy01 Well-Known Member

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    Pick your battles - Divorce is just a formality. I do understand, on principle wanting the paperwork to be right, but if the paperwork is not right or you disagree with the situation about the kids, there are other forums - like the family court, where you can get a result from expressing your disagreement.

    Story time - I was in the same situation. I sorted the divorce paperwork, got it to her. She disagreed about the date of separation... I re-do the paperwork, she disagrees because we have not done asset division. She will only sign if i agree to a crazy property settlement. She also refuses to pay half so it can be a joint application.

    Eventually, I did a sole application...

    But in your case the ex is wanting to file. Let her, so what if the paper work is not correct (in your view)?

    do you need to attend? nope and it will be a waste of time. You could attend and lodge your objections. The divorce will still happen. It might not happen THAT DAY... But it will happen.... So sure you can win this battle but is it really helping your cause long term? HELL NO... All it will do is piss her off, do you think that is going to help encourage her to agree for you to have more time with the kids? NOPE - me either
     
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