How to Divorce a Spouse Who Is in Africa
Divorce is something that no one ever wants to endure, but a large percentages of marriages do, unfortunately, end in divorce. Sometimes people are separated for years before realizing that there is not going to be a reunion that can undo past mistakes. If your spouse is living abroad in Africa---yet you decide that it's time to face the "d" word---it's possible to divorce someone, even if he happens to be in Africa.
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Instructions
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Be clear on why you want a divorce. You also want to establish why you want the divorce while your spouse is in Africa, as opposed to when he returns home. Some people claim infidelities, and others claim some sort of abuse or neglect. There are countless possible reasons for wanting a divorce, but you want to be clear on the proper legal terminology to use. Consulting a divorce lawyer on this matter is the wise thing to do. Divorce is far more common in Western countries than in Africa. If your spouse is originally from Africa, you may face some additional challenges in regards to what is socially acceptable.
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Draw up divorce documents. Have them notarized, and send them to your spouse with a self-addressed stamped envelope. That will be appreciated and will be a nod towards getting your soon-to-be ex to complete the paperwork in a timely manner. (Keep in mind that it should be postage for Africa, not USPS postage). You should expect the documents to arrive there within 2 to 3 weeks if mailed through the postal service. However, keep in mind that the times can increase if your soon-to-be-ex is in a remote area. Kindly explain that time is of the essence, and leave your cell phone number and a phone card if you need your spouse to speak with you about possible questions. That can cut down the aggravation and time-consuming nature of responding several times through snail mail to get the divorce documents settled.
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File a petition for divorce with your state. Claim abandonment if you are unable to get the proper documents back from your spouse in Africa. Although you will likely have to wait several months for the court to rule on abandonment after the initial filing, this is usually a successful way of divorcing a spouse in Africa for an extended period of time. Even if you are unable to have any communications because of the spouse's location or unwillingness to participate in the divorce while he is in Africa, you can still take this method to getting the divorce you need.
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Go to Africa yourself for the divorce, if that was your place of marriage. You will need to obtain a copy of the decree for your lawyer and legal proof of this divorce back in the United States. In South Africa, divorces are granted through civil law, while also observing customs. You'll need to make sure that there is no possible reconciliation and be able to explain why. Alimony and child support (and child custody) are huge issues that you'll need a lawyer for --- especially if you are in Africa, away from the United States. A 50/50 split is usually what happens in African divorces. Also, keep in mind that alimony isn't typically awarded in Africa.
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Decide how to divide the assets. If there is property in Africa, it should be valued and divided in the same way that property in the United States and elsewhere should be divided. This will vary greatly by your state, but most international assets will be treated in the same way that local ones are when it comes to figuring out who gets what in a divorce.
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Review the final decree. It will not be the initial filing paper. Send the final decree to your spouse in Africa. He will need to sign and notarize it. He'll need to return it, of course, so enclose a self-addressed stamped envelope with your package if you think he may have any hesitation in doing so. You should allow at least six weeks for receipt and return, although many people ponder over the decree and get representation; those factors can add even more time to the process.
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Tips & Warnings
Don't let your spouse find out about the divorce through legal documents. Call, email or snail mail your spouse to let him know what you've decided well before filing it legally.
