how long must a spouse be gone to get a divorce in south africa


In South Africa, the divorce process can take up to two years. However, if both parties agree on the terms of the divorce, it can be finalized in as little as six months. The divorce process in South Africa is usually initiated by the husband, who must file for divorce at the local court. The wife must then be served with divorce papers, and she has 30 days to respond. If she does not respond, the divorce will be granted. If she does respond, the case will go to trial, and the judge will decide whether to grant the divorce.

In South Africa, a divorce may be granted if the Court is satisfied that the marriage has irretrievably broken down and that there is no prospect of reconciliation. The Court may grant a divorce on one of three grounds, namely that the husband or wife has committed adultery, that the husband or wife has behaved in such a way that it would be unreasonable to expect the couple to live together, or that the husband or wife has been absent from the matrimonial home for a continuous period of at least one year immediately preceding the date of the divorce application and there is no reasonable prospect of reconciliation.

If you are applying for a divorce on the ground of adultery, you must be able to prove that your spouse has had sexual intercourse with someone else of the opposite sex. If you are unable to provide such evidence, the Court may still grant a divorce on this ground if it is satisfied that there are other facts which lead to the inference that adultery has occurred.

If you are applying for a divorce on the ground that your spouse has behaved in such a way that it would be unreasonable to expect you to live together, you must be able to show that your spouse’s behaviour has caused you mental or physical suffering of such a kind as to render tolerable continued cohabitation.

If you are applying for a divorce on the ground of your spouse’s absence, you must show that your spouse has been absent from the matrimonial home for a continuous period of at least one year immediately preceding the date of the divorce application and that there is no reasonable prospect of reconciliation.


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