Divorcing without an attorney can be achieved in two ways: The court will decide on your behalf and end your marriage.ĭo-it-yourself divorces are concluded without the help of an attorney, and are thus far cheaper option. If they do not respond, you can apply at the High Court, to add it to the roll.Your spouse will receive a summons with a date to respond.This works when your spouse does not respond at all to the divorce. Note: A default divorce is similar to an uncontested/unopposed divorce. If a divorce is contested it may take between 2 - 3 years, but most contested divorces do settle long before they go on trial.Ī civil marriage and customary marriage need to be dissolved by a court. The uncontested divorce is the best and most cost effective for all parties concerned. There are two types of divorces, contested and uncontested divorce. A divorce summons must be served personally on the defendant by the sheriff of the court. To start the divorce process you need to have a summons served. You can divorce in either the Regional Court of the Magistrate Court having jurisdiction in your area or in the High Court. According to the law, you are still married. Legal separation does not exist in South Africa even if you are no longer living with your husband and not divorced. An annulment differs from a divorce in that it not only dissolves the marriage but also wipes it off the record. In special circumstances you may get your marriage annulled. If your spouse is not willing to get divorced, you can get a divorce granted without his or her consent. You do not have to get your spouse's permission to get a divorce.
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