The divorce process in South Africa is governed by the Divorce Act of 1979, which provides for both fault-based and no-fault divorce. In a fault-based divorce, one spouse must prove that the other spouse has committed adultery, has been physically or mentally abusive, or has deserted the marital home for a period of at least two years. In a no-fault divorce, the parties must have been separated for a continuous period of at least two years and there must be no reasonable prospect of reconciliation.
To initiate the divorce process, one party must serve a summons on the other party, setting out the grounds for the divorce and the relief sought. The other party has the opportunity to respond, either admitting or denying the allegations, and can also make counterclaims or ask for different relief. If the parties are unable to reach an agreement on the terms of the divorce, the matter may proceed to trial.
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