If you and your spouse approached the Court together in order to obtain a decree of divorce, you may draft the divorce summons in accordance with both your wishes and once the divorce summons was issued at Court and served by the sheriff, then your spouse may file a notice at the Court indicating that he or she do not defend the divorce action and that he or she agrees to the terms set out in the prayers of your divorce summons.

Notice of Intention to Defend

After your spouse received your summons, he / she has 10 Court days to serve a Notice of Intention to Defend upon you before you may proceed with an unopposed divorce.

If your spouse does not serve a notice on you indicating that he wishes to defend the action and file the same notice at the Court within the 10 Court days from date that he / she received the divorce summons from the sheriff, then the Court may assume that your spouse does not wish to defend the action. Your spouse’s failure to serve and file the notice will further imply that he / she agrees to the terms set out in your divorce summons and you may ask the Court to grant an order in terms of your prayers included at the end of your divorce summons.

If your spouse does serve a Notice of Intention to Defend upon you, the matter has just become opposed and you need to seek legal counsel as soon as possible.

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