Generally, there are two types of divorce proceedings in South Carolina: Contested and Uncontested.
A contested divorce is exactly like it sounds: Disputed or challenged. Conversely, an uncontested divorce — also called a simple divorce in South Carolina — is one where both parties agree to all the divorce’s conditions in private, instead of inside a courtroom.
At the David W. Martin Law Group, our Fort Mill uncontested divorce attorneys know that it is possible for two people to dissolve their marriage without an extended legal fight, as opposed to those that carry on for years.
If you believe you and your spouse can outline your divorce details without a judge’s intervention, our skilled York County uncontested divorce lawyers will help you understand the separation requirements, financial declarations, and legal documents that will help end your marriage much faster than litigation would.
Here is what you need to know.
What are the Requirements for a Simple Divorce in South Carolina?
To file a simple divorce in South Carolina, both spouses must meet several legal requirements.
They include:
- You Must Meet the Residency Requirements
If both spouses currently live in South Carolina, you must have lived in the state for at least three months before you filed for divorce. If one spouse lives in another state, the other spouse must have lived in South Carolina for a year before the filing date.
- You Must Adhere to the State’s Year-Long Separation Requirements
No-fault divorces, which are typically the cornerstone of simple divorces in South Carolina, still require both spouses to live “separate and apart” for at least one continuous year before their divorce can move forward.
- You Must Have a Property Agreement in Place
A property agreement can simply mean you do not have any marital property or debts to divide, or you have an agreement in place on how you are dividing both.
- You Either Have No Children, or You Have a Child Custody, Visitation & Child Support Agreement in Place
You have no minor children with your spouse, and are currently not expecting, or you agree on provisions for child custody, visitation, and child support.
Once the agreement is outlined, it must be filed with the court, so it can be reviewed as fair and equitable to both parties.
Do I Need to Hire a South Carolina Family Law Attorney for a Simple Divorce?
While the process of outlining an uncontested divorce in South Carolina seems like something you can do on your own, having an experienced Fort Mill simple divorce lawyer by your side will ensure your legal rights and options are protected throughout the legal process.
A South Carolina uncontested divorce attorney will ensure the agreement is fair, and that the far-reaching consequences of the agreement do not put you at a disadvantage in the future. It will also allow you to navigate the filing and court proceedings without issue, so you can move forward with your new life as soon as possible.
We can help for:
Contact Our Uncontested Divorce Lawyers in Fort Mill, South Carolina to Schedule a Consultation Today
Contact our David W. Martin Law Group family law attorneys in Fort Mill today by calling (803) 548-2468 to ensure your rights are protected throughout the legal process, so you can move forward with confidence.
