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THE FACTS
SHEDY Delman from Joburg said when she was served with divorce summons by the Sheriff of the Court, she signed the papers and just waited until she was told the divorce has been finalised. But 50% of her pension was taken. She wanted to know if a divorce could be granted without her.
ADVICE
By law, you need to notify your spouse of your intention to divorce by issuing summons to them and they have 10 days to decide whether they intend to defend the case or not.
In this case, Shedy did not issue notice of intent to defend and it became an uncontested divorce.
The sheriff served the summons and if the other spouse fails to defend, the court may then grant a decree of divorce by default.
