(150+)You might learn all kinds of new phrases as you end your marriage, and “uncontested divorce” is just one example. Although there are many new complex phrases to learn during this process, you might have a much simpler question — one that almost all spouses ask: “How long will my divorce take?” If you’re asking yourself this question, you may have learned that an uncontested divorce is one of the quickest ways to end your marriage. But why is this type of divorce so fast? What exactly is an uncontested divorce in South Carolina?
How Does an Uncontested Divorce Work?
An uncontested divorce is one potential option for spouses who want to end their marriages in South Carolina. In this type of divorce, there is no “contest” or legal disputes of any kind. In other words, both spouses agree on how they want to handle their divorce – right down to every single detail.
In contrast, a contested divorce is one in which spouses disagree. They may disagree on one specific aspect of the divorce, such as child custody. They might also disagree on a couple of issues – or every single aspect of the divorce. Whatever the case may be, spouses must navigate contested divorces by going to court – even if there is just one minor point of disagreement.
Many people mistakenly believe an uncontested divorce is the same as an “amicable” divorce. Many uncontested divorces are amicable, but not always. The term “amicable” is an emotional one, and it has no real meaning in the legal world. Spouses do not necessarily need to like each other to successfully navigate an uncontested divorce. Many choose this option simply to save money and time.
Why Are Uncontested Divorces Faster Than Contested Divorces?
If you are interested in an uncontested divorce, you may have heard that they are faster than contested divorces. Why is this? One reason is that the process occurs outside of court. Instead of waiting for a court date, you can simply meet with your ex in private and negotiate the terms of your divorce. Depending on which “alternative dispute resolution” (ADR) method you choose, these negotiations may be led by your divorce lawyers, mediators, or arbitrators.
In contrast, a divorce trial goes through various time-consuming phases. Both sides may need to present evidence, call upon witnesses, and file motions. It is not uncommon for a complex divorce trial to stretch on for years. Because uncontested divorces are faster, they are also inherently cheaper. Minimize the number of hours you spend on your divorce, and you will reduce various legal fees.
Once you finish your negotiations, you can take all of your various agreements and put them into a divorce settlement. This is a legal contract that details the terms of your divorce. It may describe how much alimony will be paid (if any), where the children will live, and what happens to various assets. If there are no issues with this agreement, a judge can approve it during a quick hearing — making it legally binding.
How Long Will My Uncontested Divorce Take in South Carolina?
There is no easy way to determine how long your uncontested divorce will take. Online research can only provide broad answers — and each case is different. Some spouses may need to negotiate for months before reaching common ground, while others may finalize these discussions in just a few weeks.
Whatever the case may be, South Carolina has a mandatory one-year separation period for divorcing spouses. Although it is technically possible to divorce faster if you file for a “fault-based” divorce, an uncontested divorce is inherently “no-fault” — and the one-year separation period applies.
In other words, your uncontested divorce in South Carolina will take a minimum of one year. The good news is that you can begin negotiations with your ex during this one-year separation period.
Most spouses manage to finalize these negotiations within their separation periods — allowing them to proceed straight to the final phases of divorce once 12 months pass.
The speed of the actual negotiations varies depending on the willingness of both spouses to cooperate and compromise.
Stubborn spouses may delay this process considerably, and you should try to approach your uncontested divorce with an open mind.
If you want to finish your negotiations as quickly as possible, learn to express your needs rather than your wants. You might “want” the family home — but what you really “need” is a place to live.
Once you adopt this shift in mentality, it may be easier to agree upon more flexible deals.
Uncontested Divorce Is Not for Everyone
Although uncontested divorce might seem like a positive way to end your marriage, you should be realistic about whether you can actually navigate this process. If you are likely to face significant impasses during negotiations with your ex, this process could potentially make your divorce even more time-consuming than necessary.
Can a South Carolina Family Law Attorney Help With an Uncontested Divorce?
If you want to explore the possibilities of an uncontested divorce, you may want to continue this conversation with an experienced South Carolina divorce lawyer. An uncontested divorce offers numerous benefits – and its speed is just one example to consider. That being said, uncontested divorces are not for everyone — and it might not even be possible under your circumstances. To take the next step toward ending your divorce in a civil, efficient manner, consider contacting Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC today.
