Do i need to get a divorce
I left my husband 18yrs ago when my daughter was 81/2 months and she is now 18 but neither if us legally filed for a divorce and he has been living with someone else for years already and just wanted to know if i still need to go and file for one or if there is another cheaper route i could use as hes obviously not going to do anything about it either. We were married for 22yrs before i left and we have 3 kids and in all the years never paid a cent in child support or maintenance of any kind. At this stage i just want to be free to pursue another relationship without worrying about this being a hindrance.
It is often though jokingly said that in order to marry, you have to un-marry. Yes, you have to file for a divorce. In South Africa, only the Regional Magistrate’s and High Courts can grant order of divorce. You have to speak to a lawyer. Regarding the issue of maintenance of your children, you can file for a maintenance order in respect of the minor ones and even for the over 18’s until they become self-supporting. You can also claim spousal maintenance for yourself. The court however look at the financial means of the individual whom maintenance is being sought from before making award.
What you should do is to ask the lawyer who will assist you through the divorce proceedings to incorporate both spousal and children’s maintenance in the divorce settlement deed. Thank you.