Where to start when getting divorced can be daunting, however, familiarising yourself with the anticipated process will assist in making it more understandable and less intimidating. Becoming familiar with the process will also assist you to make more informed decisions at every stage.
To help you understand the process it is advisable to consult with reputable attorneys, such as Michael Krawitz, a specialist divorce attorney in Sandton, to help guide you, and who can act on your behalf to represent your best interests in the matter.
All that is required to get divorced in South Africa is to be able to show the Court that you and your spouse can no longer live together and that there is no possibility of resolving your differences, or if you can show that your spouse is unconscious or mentally ill. You do not even need the permission of your spouse in order to get divorced.
To initiate the proceedings, a Summons will need to be issued at Court and served on your spouse. Service of the Summons on the Defendant, as the person who initiates the divorce will be the Plaintiff, must take place through the Sheriff, who will then provide the Plaintiff with a Return of Service confirming service of the Summons.
The Summons will specify the date by which Defendant will be required to respond to the Summons, failing which, the matter will be put on the Court roll and heard as an unopposed divorce. At other times the Defendant will not oppose the divorce but will communicate with the Plaintiff’s attorneys to draft a fair settlement agreement, after which the parties will then proceed to get divorced amicably.
Choosing the right family law attorney in Sandton is essential during a divorce. Contact Michael Krawitz & Co today for more information.