How to Get Divorced Quickly & Easily in South Carolina

Divorce is never easy, but it doesn’t have to be a knock-down, drag-out fight. Believe it or not, you can end your marriage peacefully and quickly, without all the drama.

If you’re looking to end your marriage as efficiently as possible, an uncontested divorce may be the answer. As experienced South Carolina family law attorneys, we’ve guided countless clients through the uncontested divorce process, helping them move forward with their lives quickly and with minimal stress.

What is an Uncontested Divorce?

An uncontested divorce is one in which both parties agree on all the key terms of the divorce, including:

• Division of assets and debts
• Alimony (spousal support)
• Child custody and visitation
• Child support

In contrast, a contested divorce is one where the spouses cannot reach an agreement on one or more of these issues, requiring court intervention and potentially a trial to resolve the disputes. Contested divorces are invariably more time-consuming, expensive, and adversarial than uncontested divorces.

Benefits of an Uncontested Divorce

The primary benefits of an uncontested divorce are:

1. Speed: Without the need for extensive negotiations or court battles, an uncontested divorce can often be finalized in a matter of months, rather than years.
2. Cost: By avoiding prolonged legal proceedings, an uncontested divorce typically costs significantly less than a contested one.
3. Amicability: Working together to reach a mutually agreeable settlement can help preserve a cordial relationship between the divorcing spouses, which is especially important when children are involved.

Do You Qualify for an Uncontested Divorce in South Carolina?

To pursue an uncontested divorce in South Carolina, you must meet two key requirements:

Residency

At least one spouse must have been a resident of South Carolina for a minimum of one year prior to filing for divorce. If both spouses are residents, this requirement is reduced to three months.

Grounds

South Carolina recognizes several grounds for divorce, including the no-fault ground of “living separate and apart without cohabitation for a period of one year.” This is the most common ground for an uncontested divorce, as it does not require proving fault on the part of either spouse.

Step-by-Step Guide to Filing for an Uncontested Divorce

1. Meet residency requirements: Ensure that you or your spouse have met the necessary residency period before filing.
2. Prepare and file divorce papers: Draft a divorce complaint and settlement agreement that outlines the agreed-upon terms of your divorce. File these documents with the appropriate family court.
3. Serve your spouse: Even in an uncontested divorce, your spouse must be formally notified of the divorce action. This can be done through personal service or, if your spouse is cooperative, by having them sign an “Acceptance of Service” form.
4. Attend final hearing: In most cases, the court will schedule a brief final hearing to review your settlement agreement and ensure that it is fair and equitable. If everything is in order, the judge will sign off on your divorce decree, legally ending your marriage.

How Much Does an Uncontested Divorce Cost?

The cost of an uncontested divorce in South Carolina can vary depending on factors such as:

• Filing fees (currently $150 in most counties)
• Attorney fees (if you choose to hire an attorney)
• Online divorce service fees (if you use one to prepare your documents)

However, an uncontested divorce will almost always be significantly less expensive than a contested one, which can easily run into the tens of thousands of dollars.

How Long Does an Uncontested Divorce Take?

In South Carolina, there is no mandatory waiting period for an uncontested divorce based on the ground of one year’s separation. This means that, theoretically, your divorce could be finalized as soon as your settlement agreement is drafted, filed with the court, and a final hearing is held to ensure you both agree with the terms.

In practice, however, the process usually takes several weeks to a few months, depending on the court’s schedule and workload. Still, this is a fraction of the time a contested divorce typically takes, which can drag on for a year or more.

Factors That Can Lengthen the Process

Even in an uncontested divorce, certain issues can prolong the timeline, such as:

• Difficulty serving your spouse with divorce papers
• Complex asset or debt division
• Disagreements over child custody or support that arise during the process

Working with an experienced family law attorney can help you navigate these challenges and keep your divorce on track.

Tips for a Successful Uncontested Divorce

1. Communicate openly with your spouse: Clear, honest communication is key to reaching a mutually agreeable settlement.
2. Be willing to compromise: Rarely will either spouse get everything they want in a divorce. Be prepared to make concessions for the sake of a swifter resolution.
3. Consider mediation: If you and your spouse are struggling to agree on certain terms, a trained mediator can help you find common ground without resorting to litigation.
4. Hire an experienced attorney: Even in an uncontested divorce, having knowledgeable legal counsel can ensure that your rights are protected and the process goes smoothly.

When to Consider a Contested Divorce

While an uncontested divorce is generally preferable, there are situations where a contested divorce may be necessary, such as:

• When spouses cannot agree on key terms despite good faith efforts
• When there are complex financial issues that require extensive discovery and investigation
• When there are serious concerns about a child’s welfare
• When there is a history of domestic violence or substance abuse

In these cases, the additional time and expense of a contested divorce may be necessary to protect your interests and those of your children.

Get Started on Your Path to a Quick, Amicable Divorce

If you’re ready to begin the next chapter of your life, an uncontested divorce may be the fastest and most cost-effective way to get there. At Steele Family Law, our knowledgeable, compassionate attorneys have helped countless clients navigate the uncontested divorce process in South Carolina. We’re here to guide you every step of the way, from drafting your settlement agreement to representing you at your final hearing.

Don’t let the prospect of a lengthy, costly divorce hold you back. Contact Steele Family Law today to schedule a consultation and learn how we can help you move forward with your life as quickly and painlessly as possible.