How to Divorce (Without the Drama): The Uncontested Divorce Option

You’ve made the difficult decision to end your marriage, but you’re hoping to avoid a lengthy court battle. Maybe you and your spouse are still on speaking terms, or you’ve already worked out most of the details. If this sounds familiar, an uncontested divorce might be your best path forward.

As South Carolina family law attorneys, we often hear from couples looking for a simpler, more amicable way to divorce. Let’s explore what an uncontested divorce really means and whether it might be right for your situation.

What Exactly Is an Uncontested Divorce?

Think of an uncontested divorce as a mutual agreement to part ways.

Unlike traditional contested divorces, where couples fight over every detail in court, an uncontested divorce means you and your spouse have reached agreement on all major issues, including:

• Division of property and debts
• Alimony (if any)
• Child custody and visitation schedules
• Child support payments
• Division of retirement accounts
• Who keeps the family home
• How to handle joint accounts

The key here is agreement on ALL issues – if there’s even one point of contention, your divorce technically becomes contested.

The Benefits of Going Uncontested

1. Save Time and Money

Let’s be honest – traditional divorces can drain both your wallet and your calendar. An uncontested divorce typically costs a fraction of what you’d spend fighting it out in court. Plus, you could be divorced in a matter of months rather than a year or more.

2. Less Emotional Stress

Court battles are emotionally exhausting. By choosing an uncontested divorce, you’re choosing a more peaceful path. This can be especially beneficial if you have children – less conflict between parents usually means less stress for the kids.

3. Privacy

When you litigate your divorce, your personal lives become part of the public record. An uncontested divorce keeps your private matters private, with only the final agreement being filed with the court.

Do You Qualify for an Uncontested Divorce?

Before getting too excited about the prospect of an easy divorce, make sure you meet South Carolina’s requirements:

Residency Requirements

• Either you or your spouse must have lived in South Carolina for at least one year before filing
• If you both live in South Carolina, the requirement drops to three months

Grounds for Divorce

The simplest ground for an uncontested divorce is one year’s separation without cohabitation. While South Carolina recognizes other grounds (adultery, physical cruelty, habitual drunkenness), these typically lead to contested divorces.

Agreement on All Issues

This is the big one – you and your spouse must agree on everything. If you’re still arguing about who gets the family dog or how to split holiday visitation, you’re not ready for an uncontested divorce.

Common Roadblocks to Watch For

Even if you think you’re on the path to an uncontested divorce, watch out for these potential pitfalls:

1. Hidden Assets

Both parties must be completely honest about their finances. If you discover your spouse hasn’t disclosed all assets, your uncontested divorce could quickly become contested.

2. Child-Related Issues

Even amicable couples can hit snags when it comes to the kids. Make sure you have a detailed parenting plan that addresses:

• Physical custody arrangements
• Legal custody decisions
• Holiday schedules
• Education and healthcare decisions
• Transportation responsibilities

3. Future Financial Changes

Consider how you’ll handle future changes in circumstances. What happens if someone loses their job or gets a significant raise? Building flexibility into your agreement can prevent future conflicts.

Steps to File for Uncontested Divorce in South Carolina

If you’ve determined an uncontested divorce is right for you, here’s what to do:

1. Gather Documentation: Collect all financial records, including:
   • Bank statements
   • Tax returns
   • Property deeds
   • Vehicle titles
   • Retirement account statements
   • Credit card statements
   • Insurance policies
2. Draft Your Agreement: Work with your spouse to create a comprehensive settlement agreement. This is where having an experienced family law attorney can be invaluable.
3. File the Paperwork: Submit your complaint for divorce and settlement agreement to the appropriate family court.
4. Attend the Hearing: Even in uncontested cases, South Carolina requires a final hearing. This is usually brief and straightforward.

While an uncontested divorce is simpler than traditional divorce, having an attorney review your agreement is still crucial. We can:

• Ensure your rights are protected
• Identify potential issues you might have overlooked
• Make sure your agreement complies with South Carolina law
• Help you avoid common pitfalls that could cause problems later

Moving Forward with Your Uncontested Divorce

If you’re considering an uncontested divorce in South Carolina, you’re making a wise choice that could save you time, money, and emotional stress. However, it’s important to approach the process carefully and thoughtfully.

At Steele Family Law, we’ve helped countless couples successfully navigate uncontested divorces. We can guide you through the process while ensuring your interests are protected.

Whether you need help drafting your agreement or just want someone to review the paperwork, we’re here to help make your divorce as smooth and stress-free as possible.

Ready to learn more about uncontested divorce in South Carolina? Contact Steele Family Law today to schedule a consultation. Let us help you start the next chapter of your life on the right foot.