1. What is the difference between an unopposed and a defended divorce?

Unopposed Divorce: Both parties agree to the divorce and its terms.
Defended Divorce: One party contests the divorce or its terms, leading to litigation.

2. How long does an unopposed divorce take?

Typically, 4 to 8 weeks, depending on document processing and court availability. We attend to the divorces in the Western Cape High Court.

3. How long does a defended divorce take?

It can take several months to years, depending on the complexity and court schedule.

4. What is the process to start a divorce?

A summons must be issued at the Regional or High Court and served by the Sheriff.

5. Can I get divorced if I don’t know where my spouse is?

Yes, through substituted service or edictal citations approved by the court.

6. What happens if my spouse refuses to sign a settlement agreement?

The divorce proceeds as defended, and the court will decide after hearing both sides.

7. How much does a divorce cost?

Unopposed divorces are more affordable. We have fixed fees. Click here. Defended divorces can be costly due to the amount of work involved.

8. Can I claim part of my spouse’s pension?

Yes, depending on your marital regime (e.g., community of property or accrual system).

9. Is mediation an option in divorce?

Yes. Mediation helps parties reach agreements and is often faster and less expensive.

10. Can I get divorced without a lawyer?

Yes, especially in unopposed cases, but legal advice is recommended.

11. What is a DIY divorce?

A DIY divorce is a divorce where you handle the entire divorce on your own without the assistance of a lawyer.