How Long Does an Uncontested Divorce Take in South Carolina?

If you’re thinking about getting a divorce in South Carolina, it’s natural to have a lot of questions about the process. One of the biggest ones is usually, “How long is this going to take?” We understand – you want to move on with your life as quickly as possible.

The good news is, if you and your spouse can agree on all the important stuff, you may be able to get an uncontested divorce. This is typically the fastest way to get divorced but still requires a one-year separation before being granted. Here’s what you should know about the timeline.

What is an Uncontested Divorce?

An uncontested divorce is a divorce option where both spouses agree on all the terms of their separation, including the division of assets and debts, alimony (if applicable), child custody and visitation, and child support.

This means you’ll need to work together to determine how you’ll split your marital property, such as your house, cars, and bank accounts, as well as any debts you’ve acquired during the marriage.

When choosing this option, spouses often save time, money, and stress compared to a contested divorce, which involves disagreements and potential court battles.

What Impacts the Length of an Uncontested Divorce?

Several factors can influence the timeline of your uncontested divorce in South Carolina:

1. Residency Requirements — The spouse who files for divorce first must be a resident of the state for the previous year or both spouses must be a resident of the state for the three previous months. If you haven’t met these conditions, you’ll need to wait until you do.
2. Separation Period — For uncontested divorces, you must be separated for at least one year before divorcing.
3. Complexity of the settlement agreement — Even in an uncontested divorce, drafting a fair settlement agreement takes time. The more complex your financial situation or child custody arrangements, the longer it may take to create an agreement that satisfies both parties.
4. Court caseload — The time it takes for your divorce to be finalized can also depend on the caseload of the court in your county. If the court is experiencing a backlog or delay, it may take longer for your divorce to be processed and finalized.

In general, once you have met the one-year separation requirement and have reached an agreement on all terms of your divorce, the process of finalizing an uncontested divorce in South Carolina can take anywhere from a few weeks to a few months, depending on the specific circumstances of your case and the factors mentioned above.

South Carolina Uncontested Divorce Process

Now that you understand the factors that can affect the length of your uncontested divorce, let’s walk through getting divorced step by step:

1. File the Divorce Complaint and Summons

One spouse (the plaintiff) files a complaint and summons with the family court in their county, stating the grounds for divorce and proposing the settlement terms.

2. Serve the Divorce Papers

The plaintiff must serve the divorce papers to the other spouse (the respondent) through personal service or certified mail.

3. Draft and Agree on the Settlement

Both spouses work with their attorneys to create a comprehensive settlement agreement covering all aspects of their divorce, including property division, alimony, child custody, and child support.

This process can take anywhere from a few weeks to several months, depending on the complexity of the issues and the level of cooperation between the spouses.

4. Attend the Final Hearing

The court will schedule a final hearing once you complete the settlement agreement and file all required documents. During the meeting, a judge will review the settlement agreement to ensure it’s fair and reasonable. If everything is in order, the court will execute the final divorce decree and record it.

5. Receive the Final Divorce Decree

After the judge signs the final decree, your divorce is officially finalized. You’ll receive a copy for your records, and you can begin implementing the terms of your settlement agreement.

Tips for a Smooth Uncontested Divorce Process

While obstacles can arise during an uncontested divorce, there are steps you can take toward a smoother process:

1. Be transparent and honest: Provide complete and accurate financial disclosures from the outset to avoid delays and maintain trust between you and your spouse.
2. Address debts and tax issues early: Tackle any outstanding debts or tax liabilities head-on by openly discussing them with your spouse and working together to find a fair resolution.
3. Prioritize open communication: Maintain open, respectful communication with your spouse throughout the process to help facilitate agreements and resolve any issues that may arise.
4. Be proactive with parenting plans: Start discussing and drafting your parenting plan early in the process, considering all aspects of co-parenting to minimize potential disagreements and delays.
5. Plan for asset valuation: If you have a lot of assets that require valuation, begin the process early and work with financial experts to get accurate valuations.
6. Stay flexible and adaptable: Be prepared to adapt and find compromises if there are unexpected changes in circumstances.
7. Seek legal guidance: Work with an experienced family law attorney who has been through this process many times, can anticipate potential obstacles, and find solutions to keep your divorce on track.
8. Focus on the big picture: Remember that the ultimate goal is to reach a fair and equitable settlement that allows both you and your spouse to move forward with your lives. Be willing to make reasonable compromises to avoid getting bogged down in minor details that can prolong the process.

By following these tips and maintaining a cooperative, solution-focused approach, you can help minimize the impact of potential obstacles and work towards finalizing your uncontested divorce as soon as possible.

Take the First Step Towards Your New Chapter with Steele Family Law

Are you getting divorced in South Carolina? Our attorneys at Steele Family Law are here to guide you through the process. We understand that divorce can be challenging, even when both parties agree on the terms.

Our legal team will work with you to ensure a smooth uncontested divorce, helping you get through any obstacles that may crop up along the way. Take the first step toward your new chapter, and contact us today to schedule a consultation.