Divorce Summons, Etc.

[Aeary]

Hi, I'm from CT and have to know urgently.  I was married for the 2nd time(diff man), March '05.  Moved to Vredenburg from CT and 3mnths later he was drinking very heavily, smoking dope and started hitting me. I left in a period of ±8 mnhts about 6 times(Aug '05 - 1 mnth).  Tried to work things out, in Nov '05 he hit my head open against the fridge(have doctors report). Finally, moved back to my house in CT and about 1mnth later he moved in with me at my house(closer to my family).  Before and during our marriage, he owned a contracting business in Vredenburg.  He had to have a female, other colour person listed as member of the CC as the Contracting Company would not allow white male only members(BEE).  He added me on as a member for 30% of the shares, but only as "show".  When he moved to my house, he told me he sold the business to a friend which would have paid later(don't have details). He incurred a lot of debt(long story) - however we are married Out of Community with accruel.  In Jan '06, he dissapeared for 3 days after he started drinking again and I told him if he leaves - he should not come back.  He fetched his clothes, etc. and told me he's moving to the Free State to join his brother on the farm(working and living).  

He wanted me to visit him in Free State on the farm 4 a month - I declined as I have 2 children from my prev marriage that lives with me permanently and I cannot just leave.  Furthermove, since he left I have not had any income(he refuses to give me any money) and I haven't been able to secure a job.  At the time I did not even had food in the house - nevermind leave my kids alone.  We had an argument as he told me that my kids always comes first, etc.  Him swearing and screaming, I put the phone down and have not spoken/seen to him ever again(never answered).

I have now, Tuesday 8/8/05 received the summons, even though it is stamped 27/6?.  It states I must hand in notice of my intensions within 10 days from receipt at Bloemfontein Court.?  It looks like I have found a job as a sales person with only commission.  

The summons states, he requests:

a)  Degree of divorce

b)  Division of estates with the application of the marriagegoods division(accruel) ??

c)  Costs of the action d)  Further and alternative relief

I have only my house, which at this point is in arrears.  I've been living off my credit cards in order to try and make ends meet.  It has been a really stressful and trying 8 months and this month I haven't been able to buy or pay anything as I was between jobs.  (All jobs has been short-term) I haven't had any transport(he had 3 vehicles which he took with him, incl. '04 M/Benz).  

I cannot afford to pay anything, not even costs and furthermore I cannot loose my house because of his debt.

I am asking what should I do, how should I ensure that no claims for his debt is placed on me, could I claim any maintenance for myself and how do I go ahead on getting this to Bloemfontein court.  

[sterling]

to the courts as stated:

a)  Degree of divorce

b)  Division of estates with the application of the marriagegoods division(accruel) ?

c)  Costs of the action d)  Further and alternative relief

All within ten days or send a certified letter to his attorney stating your circumstances and request for a continuance. Make sure you file this same response with the Bloemfontein court.

He basically is requesting that you pay:

- Court Costs and Attorney Costs

- Divide anything you had including and possible your home.

- Further and Alternative relief which means any further court costs or attorney fees, etc.

SEEK A PROFESSIONAL ATTORNEY ASAP.

Kind Regards,

Jeff  

[Amdt]

Monica,

DISCLAIMER:

I AM NOT A LAWYER. I am someone with experience in family law matters, and am offering an OPINION only. I stronly advise you seek a Professional Attorney that deals with Family matters to find out the exact law that pertains to your specific case.

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