Steps to follow if you are doing your own divorce
DIY Divorce step-by-step checklist
1. Complete the attached divorce statistics form.
2. Sign the combined summons and particulars of claim where indicated by “Plaintiff’s signature”.
3. Make 2 copies of the combined summons and particulars of claim.
4. Go to the High Court at ………………..to see the Registrar that issues court process. Hand him or her the completed divorce statistics and the original and 2 copies of the summons. In Johannesburg you will need to attach the scanning page. He or she will stamp all copies and allocate a case number and hand you the original and two copies. The last copy is for your records.
5. Your spouse (the Defendant) must then go to the sheriff ………………………. and hand him the original and a copy of the combined summons and particulars of claim. Your spouse must take his or her ID document with. The sheriff will then serve the copy of the summons upon your spouse, at his offices. He will then give you back the original summons and an original and copy of the Return of Service. His service fee will be about R75.
6. After service, count ten court days (exclude week-ends and public holidays) and go back to court to see the trial Registrar. Give him or her the original summons and original return of service and ask him to set the matter down on a date that he or she will give you. Please use the form of set down that is prescribed by your local court. You must sign the original. The Registrar will stamp the Notices of Set Down. He will retain the original and hand you a copy.
7. On the date allocated for the hearing of the matter, get to court at around 9h00. Please dress smartly. You must take your original marriage certificate with you. If you have lost it, make sure that you go to Home Affairs to obtain a duplicate original as the Court will not hear the matter without it.
8. Check the Court Roll to see in which court your matter will be heard and which number it is on the roll. You will see how other divorce matters are conducted. Don’t be nervous as the judge will assist you when your matter is called!