“Both of us want a divorce and we know what we want.”
Does this sound like you?
If it does, you are not alone.
The good news is that you can get an “uncontested divorce” in Charleston, Moncks Corner, Mt. Pleasant, or Summerville.
An uncontested divorce will cost you less money and time than a contested divorce.
And, you will have much less stress with an uncontested divorce.
What are the Legal Requirements for Getting An Uncontested Divorce in South Carolina?
There are three legal requirements for getting an uncontested divorce in South Carolina. These requirements concern your residency, divorce settlement agreement, and physical separation from each other.
- Residency. Where your spouse and you live is very important. You cannot file for a divorce in South Carolina unless:
- Your spouse and you have lived in South Carolina for the last three months; or
- Your spouse or you have lived in South Carolina for the last 12 months; or
- If your spouse or you are stationed in South Carolina on active military duty.
- Divorce Settlement Agreement. Your spouse and you must agree on all your relevant divorce terms. For example, you will have to divide your house, cars, retirement plans, bank accounts, debts, alimony, and other marital property. You will also need to reach an agreement on child custody, child support, and decision-making for your child. And, alimony and many other subjects may be an issue that you will need to settle. To negotiate an enforceable divorce settlement agreement on these very technical legal topics, you should consult with a Charleston divorce lawyer or divorce mediator before you sign anything.
- Physical Separation For A Year. If you want a no-fault divorce, South Carolina law requires you and your spouse to live “separate and apart” for a minimum of one continuous year before you can be legally divorced. Living in separate bedrooms of the same house does not satisfy this requirement.
You must satisfy only one of these residency requirements to be eligible to get an uncontested divorce in South Carolina.
If you haven’t been living separately for a full year, you can start the no-fault divorce process by filing for a legal separation. You can learn more about how to get a legal separation in South Carolina by clicking here.
By resolving all the issues concerning your child and your finances through a legal separation, you will significantly reduce the conflict with your spouse. You will also save a lot of money that would, otherwise, be spent on unnecessary attorney fees.
How Fast Can I Get An Uncontested Divorce In South Carolina?
If you’ve been living apart from your spouse for 12 months or longer, you can get a no-fault divorce in South Carolina as soon as 90 days after your divorce case is filed with the family court. The exact timing for finishing your divorce will depend on: (a) whether you have filed the right documents to get a divorce, and (b) how busy the court schedule is.
If you have not been living apart from your spouse for 12 months, you can start the divorce process by filing for a legal separation, as is explained here. Then, after you have been apart for one year, you can file a second case for a divorce to end your legal status as a married couple.
Get An Affordable Fresh Start Today
Divorce is the beginning of a new chapter in your life.
Call me now at 843-323-4687. I will be glad to answer your questions.
To learn more about my low, fixed price for helping you negotiate your divorce settlement, click here.
If you can’t pay the mediation fee now, don’t wait. You can still get started. A divorce loan might be the right choice for you. Click here to connect with Affirm Lending. Affirm will help you get a divorce loan and set up your payment plan.
About Catherine Marra
Catherine Marra is a Mediator with over 30 years of experience in Family Law, including 20 years in private practice and 10 years as a Family Court Magistrate. She uses her knowledge and experience to guide couples in negotiating divorce settlements so they can save money, complete the divorce process quicker, and get better outcomes than they would at trial.