Divorce question.

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Simowalla

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@simowalla
Good day. Why on God’s green earth would a magistrate request my hopefully soon to be X wife be in court as well on the day of procedure? I’m the plaintiff and it is supposed to be a non "challenging" procedure. Anybody please!! Could the big M prevent me from divorsing this woman?
 
Simowalla said:
Good day. Why on God’s green earth would a magistrate request my hopefully soon to be X wife be in court as well on the day of procedure? I’m the plaintiff and it is supposed to be a non "challenging" procedure. Anybody please!! Could the big M prevent me from divorsing this woman?
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I only have High Court Divorce experience not the lower court.

First do you not have a lawyer representing you. Not that it is necessary in an uncontested divorce but he/she would have the answers for you

Are there any children resulting from that marriage?

There are lots of reasons... and yes the Magistrate can refuse a divorce on several grounds .
 
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Shaun I suppose :-) Hosehead one minor and no representation purely based on the fact that it is uncontested. How unusual is the phenomenon? I want to devorce this woman!
 
Cause the Judge likes to ask you questions to make sure it is what you want.

I was the plaintiff but the ex didn't have to appear only me and my Advocate, the Judge asked me a whole heap of questions, (well was probably only 5 but it felt like an hour) then he granted the divorce. Sms'ed the EX when I was finished best message of my life.
 
The magistrate needs to satisfy him/herself that there is no funny business, and all parties are aware of their duties and obligations going forth.

Maintenance, division of the estate (esp pension), custody arrangements for the children are just some of the issues that the magistrate may require clarification on.

If you are unrepresented It may be something as simple as an error in procedure that both sides would need to condone. When there is no legal representation, then the magistrate has to be extra careful because there is no attorney to identify potential issues at an early stage.
 
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why are you getting divorced? (just curious)
 
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