(150+)The idea of divorce often conjures up images of tense courtroom scenes and bitter hostilities between the spouses. While this is true for many marriages that come to an end, it doesn’t have to be for yours. If you and your spouse either agree on how to settle everything or you are nearing such an agreement, it’s time to explore an uncontested divorce. Having an experienced uncontested divorce lawyer on your side will facilitate the process and help ensure your rights and best interests are protected. You can count on Greenville divorce lawyer Angela Frazier.
In Need of an Uncontested Divorce Attorney in Greenville?
An uncontested divorce, sometimes called simple divorce in South Carolina, is a less complicated, less contentious way to bring about the termination of one’s marriage. Still, it is essential that you have a knowledgeable attorney representing you. Even if a divorce starts out as uncontested, it may take effort to keep it that way when various challenges arise. Hiring an uncontested divorce lawyer in Greenville will assist you in these ways:
- Fully exploring uncontested divorce to make sure it is right for your situation
- Taking care of the legal paperwork and court filings necessary to effectuate the divorce
- Handling all aspects of civil procedure, which concern (among other matters) proper service of the divorce papers on your spouse
- Using the mediation process to work out details or settle any matters that have not yet been addressed
- Ensuring your South Carolina simple divorce is comprehensive and accomplishes everything it needs to
- Keeping the opposing party and their attorney focused on settlement, thereby minimizing the risk that the divorce becomes contested
- Making sure the final judgment is worded in a way that protects your rights
Understanding Uncontested Divorce
There are two broad ways to get a divorce in South Carolina: contested and uncontested. An uncontested divorce is possible when the parties agree on everything and don’t need to have a trial. Although court involvement is at a minimum, the judge does play a role in reviewing the terms of agreement worked out between the spouses. Also, a judge has to issue the divorce decree itself before your marriage can be officially terminated. However, there is no discovery (a formal and sometimes extensive process by which the spouses exchange relevant documents and information) or drawn-out litigation.
Issues to Address in an Uncontested Divorce
If you and your spouse have generally agreed to keep costs down and expedite the process of ending your marriage, then a South Carolina simple divorce is likely best for you. Be sure you have covered or plan to cover the following matters:
- Identification, valuation, and division of marital assets and debts
- Legal and physical child custody, including parenting plans
- Child support and the frequency and method by which payments will be made
- Whether spousal support will be paid, and in what amount
- A plan for tying up loose ends after the divorce, such as transferring financial accounts
- Meeting the jurisdictional requirements for South Carolina simple divorces (if you are relatively new to the state)
- Understanding the terms and legal consequences of any agreement worked out with your husband or wife
The details of many of these issues can be worked out during mediation. If you haven’t yet mediated the divorce and there are still issues to settle, talk to an uncontested divorce lawyer in Greenville.
Is My South Carolina Marriage Eligible for an Uncontested Divorce?
Below are a few requirements for making sure your divorce qualifies for the uncontested approach. Additionally, and more broadly, spouses should give serious consideration to working out an uncontested divorce if:
- They agree on all major issues related to the termination of their marriage
- They agree on most issues, and there is potential to settle the rest via mediation
- The issues involved with the divorce are relatively simple (e.g. no complex assets to divide)
- The spouses have no children, so there are no concerns about child custody or child support terms
- The spouses do have children and they want to keep conflict to a minimum while working out custody and support
- There is concern over the cost, stress, and involvement of protracted divorce litigation
Requirements to Get a “No Fault Divorce” in South Carolina
A simple divorce in South Carolina is considered “no fault” because the spouses are not alleging marital misconduct, which generally requires contested court proceedings. Therefore, besides agreeing on all issues to arise from the end of your marriage, you must ensure you also meet the following requirements:
- Residency: Either you must be a South Carolina resident for one year before filing (if your spouse resides in another state) or you and your spouse need to be South Carolina residents for three continuous months before filing.
- Separation period: You and your spouse must be separated for at least one continuous year. You don’t have to wait for the one-year mark to settle issues like child custody, but you must live apart from your spouse (meaning, in separate residences) for a year to be officially divorced.
- Property and debt division: You must have a written agreement in place as to how all marital assets and debts will be divided between you and your spouse. Alternatively, you and your spouse can agree in writing there are no marital debts or assets to divide.
- Child custody and support: If you have children (including an expected child), there must be a plan for custody, visitation, and child support.
- Other details: You should know the date, county, and state in which you were married, as well as the date of separation. These details will be included in your court filing.
Contact Our Uncontested Divorce Attorneys in Greenville, South Carolina
Spouses favor the uncontested divorce path because it can save time, money, and the headache of court proceedings. If you have already settled everything between your husband or wife or you are close to doing so, it’s time to speak with an uncontested divorce lawyer about winding down your marriage and ensuring everything is in place so you and your spouse can move on. Reach out to Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC to get started today.
