Uncontested Divorce in South Carolina

You had every intention of spending the rest of your life with your spouse when you got married. This makes a divorce a challenging and emotionally complex time regardless of the  reason for your separation .

When you decide to  end your marriage in South Carolina , you can file a fault divorce, which is based on specific grounds, or a  no-fault divorce . Various grounds for a fault-based divorce in the state include alcohol abuse, infidelity, drug abuse and  physical abuse . In these situations, you can avoid proving an extended physical separation. For a no-fault divorce, you and your spouse will need to be living apart for at least one year to file.

What Is an Uncontested Divorce?

No-contest divorce, also known as uncontested divorce, is a legal process that gives married couples the option to end their marriage amicably without having to undergo a lengthy court battle. In South Carolina, this type of divorce is a popular option for couples who have reached a mutual agreement on all aspects of their divorce, such as:

• Division of property
• Child custody
• Visitation rights
• Alimony
• Spousal support

A divorce may be no-fault or  based on specific grounds , as well as contested or uncontested. Unlike an uncontested divorce — where both parties reach a consensus on certain aspects of the divorce — a contested divorce occurs when the two spouses can’t agree on one or more of the key issues stated above. This often leads to a formal court proceeding and takes longer to resolve.

Usually, uncontested divorce happens after a couple has been separated for at least a year. It is presumed that both parties are ready to leave the marriage and are in agreement on the basic terms tying them to their marriage. Considering the agreement between both spouses, uncontested divorces can be resolved in as little as two or three months following the fulfillment of all separation requirements.

How an Uncontested Divorce Works in South Carolina

Even if you agree and are ready to proceed with dissolving your marriage, an uncontested divorce still requires some work. Take note of these guidelines if you’re considering filing for an uncontested divorce in South Carolina:

• You must meet the requirements for separation stipulated by the law and file the paperwork with the correct jurisdiction.
• You and your spouse must submit financial declarations to be put on file.
• You must put your agreement into writing and have it approved by a family court.
• The court will examine the document to ensure it is fair to any children and both parties.
• Once the agreement is ready, the divorce case has to be filed with the courts.
• You must request a hearing and show up for your court date.
• After the hearing, you can start your new life as an unmarried person.

How to File an Uncontested Divorce in SC

Here is a step-by-step guide for filing an uncontested divorce in South Carolina:

1. Filing the Complaint

The first step is filing a  simple divorce packet  with the Family Court Division. Where exactly you file the forms depends on where you and your spouse are living and have lived:

• If you both currently live in South Carolina and shared a residence before separating, you can either file in the county where you lived together or in the county where your spouse currently resides.
• If your spouse lives outside of South Carolina but you’re still a resident, you can file in your county.
• If you currently live outside of South Carolina, but your spouse does live in the state, you must file in the county where your spouse lives.

All forms must be signed in the presence of a public notary for validation. Most courts  will charge a fee  to file the papers. If you can’t afford the filing fee, you may file for a  Motion and Affidavit to Proceed in Forma Pauperis .

2. Serve Forms to the Other Party

After the official filing of your complaint, a copy of your forms must be delivered to your spouse. The papers can be served by:

• Personal service:  You can hand-deliver the forms. Your spouse must sign the Acceptance of Service form, which you then file with the clerk of court.
• Sheriff’s office:  The Sheriff can deliver the papers in your stead, after which they complete the Affidavit of Service form.
• Certified mail:  If you complete and file an Affidavit of Mailing, you can serve the papers by mail. You must deliver the forms by certified mail with a return receipt requested.

3. Request a Formal Hearing

You can proceed with the final divorce if:

• Your spouse has provided a formal response that agrees with the terms of your divorce complaint.
• Your spouse neglects to provide a formal response within 35 days.

After one of these occurs, you may file a Request for Hearing with the court that has jurisdiction over your proceeding. You’ll receive a Notice of Hearing by mail, including the court date. You must then mail a copy of the Notice to your spouse with a return receipt requested.

4. Finalize the Divorce

The final step is to complete a Final Order of Divorce and a Report of Divorce or Annulment and bring them to court with you along with a witness who can testify that you and your spouse have lived separately for at least a year. At the hearing, the judge will ask questions about your marriage and separation. If the judge decides to grant your divorce, they’ll sign the Final Order of Divorce and file it with the clerk of court.

While the process seems simple, filing an uncontested divorce in South Carolina can be technical. For a more seamless divorce process,  hiring an experienced no-contest divorce lawyer  can help.

Benefits of a No-Contest Divorce in South Carolina

Divorce is a significant life change, and it can also be advantageous for one or both parties. This is especially the case when filing for a no-contest divorce. Benefits of an uncontested divorce include:

• Efficiency  and  cost-effectiveness:  No-contest divorces generally proceed more quickly and are less expensive than contested divorces. By avoiding lengthy court proceedings and negotiations, couples can save both time and money.
• Less stress and conflict:  Since a no-contest divorce is based on mutual agreement, it minimizes conflict and allows couples to maintain a more amicable relationship during and after the divorce process. This can be especially beneficial when children are involved, as it promotes a healthier co-parenting environment.
• Privacy and confidentiality:  With a no-contest divorce, couples can keep their personal matters private, as the details of their divorce agreement are not subject to public scrutiny.

Requirements for a No-Contest Divorce in South Carolina

Certain requirements must be met when filing for a no-contest divorce in South Carolina, including:

• Residency:  One or both spouses must have resided in South Carolina for at least three months before filing for divorce.
• Mutual agreement:  Both spouses must agree on all relevant divorce terms, such as property division, child custody, child support and alimony. A comprehensive and legally binding agreement is essential to avoid future disputes.

Frequently Asked Questions About Uncontested Divorce in South Carolina

If you’re going through an uncontested divorce, you probably have a lot on your mind. It’s best to get in touch with an attorney to discuss the specific details of your unique case. Here are the answers to a few of the most frequently asked questions about uncontested divorce in South Carolina.

Do I Need a Lawyer for a Simple Divorce?

It’s possible to  file for an uncontested divorce  in South Carolina without a lawyer, provided you and your spouse meet the general requirements. However, working with an attorney is the better option for most people.

Even if you agree on most things, marriage involves many legal and financial rights. Understand any that apply to your situation. For example, you may need to ensure the marital home is refinanced and the deed is changed to reflect new ownership if the property is left unsold. If you have a visitation schedule for children, you may need to update that schedule as your child gets older and as circumstances change.

When creating your agreement, you also need to remember your circumstances may evolve and your agreement could have far-reaching consequences. For example,  child support  and the division of assets can impact both parties’ taxes. If one partner goes on to meet someone else or gets a new job, this can affect everything from visitation to the financial lives of both parties.

Coming up with a functional agreement is a challenge, and you will want to ensure all the paperwork is in order. In many cases, it is advisable to seek the advice of a knowledgeable attorney.

Do I Need to Wait a Year to Get an Uncontested Divorce?

The simple answer to this question is yes. In South Carolina, you and your spouse will need to have lived apart for at least a year before you can file for an uncontested divorce. This requirement means you must live in entirely separate households, without even spending a single night under the same roof during the one-year separation period.

If you and your spouse began living separately before agreeing to file for divorce, you could consider the day you stopped sharing a household as the first day of this one-year period.

How Long Must I Live in South Carolina to File for an Uncontested Divorce?

The answer to this question depends on whether your spouse also lives in South Carolina. Are you living in the state while your spouse lives elsewhere? To file for an uncontested divorce, either you or your spouse must have been a resident of the state for at least one year.

The residency requirement is a bit different if both spouses live in South Carolina. You must have both lived in the state for a minimum of three months.

Do I Need to Be in the Same Place as My Spouse to Sign the Divorce Paperwork?

In South Carolina, you can avoid seeing your spouse in person to sign the paperwork for your divorce. You have a few options, including sending the forms through the U.S. mail or a Private Process Server.

You can also finalize the divorce in court without your spouse present, although you will need to present the documents they signed or proof that they were appropriately served and notified of the hearing date.

Schedule a Consultation With Lauren Taylor Law

Involving an attorney in your uncontested divorce can make the process much easier.  The right attorney  will help  guide you through this complex legal process  and ensure you and your spouse reach the best possible agreement. If you’re looking for an attorney with knowledge, experience and compassion, consider Lauren Taylor Law.

Lauren Taylor  offers legal representation in complex divorce cases and will protect your interests and those of any children in the relationship. If you’re getting a divorce in South Carolina,  contact Lauren Taylor Law  and make sure you have all your bases covered.