How to initiate a divorce action when your spouse’s whereabouts are unknown

Substituted service

When a spouse’s whereabouts are unknown and there is no communication between the partners, initiating the divorce action is tricky but not impossible. You can institute divorce proceedings through a process called “substituted service” in terms of the Uniform Rules of Court: Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa 4(2). This mechanism applies when your missing spouse cannot be traced but is believed to be in South Africa. Substituted notice can be served by publication in a newspaper that circulates nationally and/or in the area where the defendant is believed to reside, be employed or hold immovable property. It can also be served on a missing spouse via email or social media sites such as Facebook and LinkedIn, as newspapers are becoming less and less relevant with the widespread use of electronic platforms for news consumption and social contact.

Edictal citation

If your missing spouse resides outside of South Africa you must apply to the court for divorce papers to be served by an official of the court in their country of residence. This process is known as an “edictal citation” and is governed by the Uniform Rules of Court: Rules Regulating the Conduct of the Proceedings of the Several Provincial and Local Divisions of the High Court of South Africa. Notice will be served on your spouse in person, at their home or work premises, with 30 calendar days to defend the action, after which the divorce will be set down for hearing.

If you need to trace a missing spouse

SD Law & Associates are experts in divorce law and can help if you want to divorce an absent spouse. As divorce attorneys, we’ll protect your legal interests, while helping you through this difficult time with sensitivity and empathy. If you’re considering divorce and need advice contact family attorney SD Law for help.

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