what do i need to get a devorce
I would like to get a divorce but do not currently have money to pay for lawyers is there an option to get divorced at the cheapest possible way. There will be no fighting or asset worries we only need to part ways and need to have someone that can legally divorce us. I will be available on my phone number from 12 October onwards
Category: Family Law, Divorces
Region: South Africa, Gauteng
1 Answer
Hello. If there are no issues over assets or children, then it is pretty simple. I presume that your spouse will not oppose it (Unopposed divorce ). Go to the clerk of the divorce court at a Magistrates court. If it’s a small Magistrates court without one they will direct you to where there is a divorce court. They will assist you to issue a divorce summons to your spouse and set a date for a hearing. A magistrate will then issue the decree of divorce if it is not opposed. Your total cost will be minimal. Just the cost of serving the summons by the sheriff.
In South Africa, divorce can only be granted by a High Court or the Regional Court. The spouse who wants a divorce initiates the proceedings. There is no requirement that a lawyer must be involved, however the drafting of a divorce summons, issuing and filing same in court can be daunting upon a spouse without the legal know how. This is where you may need the expert.
I understand the divorce would be amicable, but did not mention whether there is any minor child(ren). If there is, a family Advocate would be engaged, too.