If your spouse refuses to sign divorce papers, you may be wondering whether a divorce is still possible. The short answer is yes. Under South African law, a divorce does not require both spouses to agree.
What Happens When a Spouse Refuses?
If your spouse will not sign the divorce papers or cannot be located, the court can still grant a divorce. This is known as a default judgment or a contested divorce, depending on the circumstances.
Default Judgment Divorce
If you can prove that your spouse was properly served with the divorce papers and they failed to respond, the court may grant a default judgment. This allows the divorce to proceed without your spouse’s signature.
Contested Divorce
If your spouse actively opposes the divorce, it becomes a contested matter, which takes longer but is still entirely possible. An experienced divorce attorney can guide you through this process.
Contact HB Attorneys for assistance with divorces where a spouse refuses to cooperate.