( 300+)In many ways, an uncontested divorce South Carolina is the ideal divorce. When couples agree on all critical issues, they can streamline and simplify the divorce process, often saving themselves thousands of dollars and almost as many headaches. Unfortunately, not all couples can work together toward a mutual resolution. Hiring an experienced Greenville uncontested divorce lawyer can help get you one step closer. Contact our firm today to learn more.
What is an Uncontested Divorce SC?
A couple will have an uncontested divorce when they agree to the following:
- Reason for divorce. Virtually all uncontested divorces are based on living separate and apart for one year, although in theory, a couple could agree that one of the spouses committed marital fault, like adultery.
- Child custody. This is one of the hardest issues for a couple to resolve. Child custody in SC involves both the right to make legal decisions for the children (legal custody) and physical possession of the child (physical custody). Parents often disagree on who should be the primary custodial parent and where the kids should live during the school year.
- Child support. South Carolina’s support guidelines have clarified support obligations in most situations, although departures are sometimes necessary.
- Spousal support. A lower-earning spouse can request support payments after the divorce. Also called alimony, spousal support is a critical source of financial support which can ease the financial unfairness of divorce.
- Division of property and debts. South Carolina follows an equitable distribution model, which requires property acquired during marriage to be divided fairly. Couples often disagree on who should receive what property.
If you do not agree on all these issues, then you have a contested divorce. That would mean presenting evidence to a judge during a trial. The judge then decides the unresolved issue for the couple, which is imposed on them. A trial might take more than a year to finally happen, and there is a lot of preparation.
Is An Uncontested Divorce the Same as a Simple Divorce in SC?
A simple divorce is essentially no fault. The couple lives separate and apart for one year. Neither spouse needs to allege abandonment or adultery, or any other fault ground.
Furthermore, the couple agrees on the critical issues above. You can file a complaint for divorce with the court. Even though you and your spouse agree on the issues, a judge still needs to review and sign off on the agreement.
Getting to “We Agree”
The hardest part of obtaining a no fault divorce South Carolina is actually coming to an agreement on all these issues with your soon-to-be ex. Many couples cannot communicate, which is one reason they want to finally end the marriage.
There are different tools for helping couples get to “we agree.”
One is your choice of lawyer. Some divorce lawyers love to fight, and punching back is their first instinct. At Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC, we follow our clients’ lead. If you want to reach an amicable divorce, we help make that happen. If you feel you need to fight, then we can build a legal case and advocate for your rights.
Another tool is mediation. We will likely end up in mediation to help resolve these disputes as possible. A mediator is someone trained to listen to people and help them find common ground. The mediator is neutral, so they are not like a judge. Instead, they can offer their perspective on the dispute, which is helpful for couples in the thick of a dispute. Our firm has ample experience with mediation, and we can talk about it in more detail.
Drafting a Settlement Agreement
If you can reach an agreement with your spouse on any issue, you should draft and sign a settlement agreement. Even resolving one issue can simplify a divorce. We will help with the drafting process. We can then submit it to the judge for the court’s approval. A judge will include it in the court order so that it is legally binding.
Avoid trying to draft your own agreement without the help of a lawyer. Your attorney can make sure the written document reflects the substance of your verbal agreement and doesn’t contain any illegal provisions.
Why Is a Contested Divorce So Expensive?
Preparing for a trial is expensive. Take child custody. If you and your spouse cannot agree on custody, then you will have a contested custody hearing. There is a lot of work that goes into preparing for it:
- Witness preparation. Witnesses will testify about each parent’s relationship with the children. It takes time and money to find and prepare witnesses so that they give credible testimony.
- Psychological evaluations. Each parent might need to undergo an evaluation, which is time consuming. We can prepare you and then review the report.
- Pretrial motions and hearings. There are many required hearings before the trial, and your lawyer needs to attend them all.
- Legal research. Your lawyer needs to see how courts have recently analyzed child custody and other issues. That means carefully reviewing the most recent appellate decisions and analyzing how they impact your case, if at all.
- Creation of exhibits. We present exhibits to the court in support of our client’s case. We need time to create these exhibits so a judge will admit them into evidence.
Generally, a contested divorce will cost 4 or 5 times an uncontested divorce, sometimes even more.
Of course, there is a time and a place to fight. Not every couple can have an uncontested divorce. If you suspect the other parent is abusing the children, then you probably won’t agree to a 50/50 custody split.
Call Angela Frazier for a Consultation Today
Elliot Frazier- Family, Personal Injury & Car Accident Attorneys, LLC, has helped men and women get the divorce they have always wanted. We are sensitive to the costs involved when ending even a short-term marriage and work with our clients to come up with solutions to their legal needs. We can handle both simple and contested divorces. Contact us to go over whether you can file an uncontested divorce in South Carolina in a private consultation.
