What are the Steps Needed to Start the Divorce Process?

Divorce is a significant legal process that dissolves a marriage, and understanding how it works can help couples navigate it with clarity. In South Africa, the process is governed by the Divorce Act, 1979, and can vary depending on the circumstances of each case. 

The divorce process begins with filing a summons in the appropriate court. The steps typically include:

  1. Filing a Divorce Summons
    • One spouse (the plaintiff) initiates the process by filing a divorce summons in the Regional Court or High Court.
    • The summons outlines the reasons for divorce, arrangements for children (if applicable), and division of assets.
  2. Serving the Summons
    • The summons is served to the other spouse (the defendant) by the sheriff of the court.
    • The defendant has an opportunity to respond and either contest or agree to the terms outlined in the summons.
  3. Contested vs. Uncontested Divorce
    • Uncontested Divorce: Both parties agree on all terms, including child custody, maintenance, and division of assets. This process is quicker and less costly.
    • Contested Divorce: Disputes regarding any aspect of the divorce are resolved through mediation or court proceedings, making the process longer and more expensive.
  4. Finalizing the Divorce
    • Once all issues are resolved, the court grants a divorce order, legally dissolving the marriage.

How Long Does the Divorce Process Take in South Africa?

The duration of the divorce process depends on whether the divorce is contested or uncontested:

  • Uncontested Divorce: If both parties agree, the process can take as little as 4–6 weeks from filing to finalization.
  • Contested Divorce: A contested divorce can take months or even years, depending on the complexity of disputes and the court’s schedule.

How to Get a Divorce in South Africa

To obtain a divorce, the following requirements must be met:

  1. Grounds for Divorce
    South African law recognizes three grounds for divorce:

    • Irretrievable Breakdown: The marriage has irreparably broken down, and there is no reasonable prospect of reconciliation.
    • Mental Illness or Continuous Unconsciousness: One spouse has a severe mental illness or has been unconscious for an extended period.
  2. Jurisdiction
    • At least one spouse must be domiciled in South Africa or have been living in the country for at least a year before filing.
  3. Children and Maintenance
    • If children are involved, the court will prioritize their best interests when deciding custody and support arrangements.
  4. Division of Assets
    • The division depends on the marital regime (in community of property, out of community of property, or out of community of property with accrual).

Why Legal Divorce Assistance Is Essential

Divorce involves complex legal, financial, and emotional issues. Consulting experienced attorneys, like those at Burger Huyser Attorneys, ensures your rights are protected, and the process is as smooth as possible. We specialize in family law and offer tailored advice to suit your unique circumstances.

While divorce can be a challenging experience, understanding the process and working with skilled legal professionals can ease the journey. Whether you are considering an uncontested or contested divorce, the team at Burger Huyser Attorneys is here to guide you every step of the way. Contact us today for compassionate and expert legal support.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE