South Carolina divorce law recognizes both fault-based and no-fault based divorce filings. In either type of filing, the divorcing parties are required to resolve the outstanding issues relevant to their divorce, including items such as child custody, division of property, and future support payments. These decisions can be reached via either contested or uncontested means. In an uncontested divorce, the divorcing parties and their respective legal counsel will reach a decision on each and every item relevant to the divorce outside of the courts, and in turn, forward these agreements for the court’s approval. The general attraction to this method stems initially from the lowered costs and time it takes to resolve the divorce case, but in reality, the lack of control in an uncontested divorce for both divorcing parties is also a motivating factor.
Should a divorce case remain unresolved via reconciliation (divorce filing is rescinded and parties reconcile) or uncontested means, the courts will be forced to intervene and decide relevant divorce issues in a contested divorce hearing.
Residency Requirements
In order to file for divorce in South Carolina, divorce statutes mandate that at least one spouse have maintained residency within the state for a period of no less than ninety (90) days prior to the date of the original divorce filing.
Grounds
The state of South Carolina recognizes limited grounds for filing no-fault divorce, which accounts for the bulk of divorce filings, whether resolved via contested or uncontested means. Sufficient basis recognized by South Carolina for no-fault filings includes:
- Both parties have forgone cohabitation for a period of at least one (1) year
Legal Help
Even if both spouses agree to resolve the divorce terms in an uncontested manner, the practical application of how this occurs requires the insight and representation of a divorce lawyer. Generally, the resolution outside the courts will still require negotiations between the spouses and their respective legal counsel, who in turn will address and agree upon, point by point, the applicable issues relevant to a given divorce agreement settlement. At any point, the intention to resolve via uncontested means can change, and in turn, having legal counsel involved to represent one’s interests from the outset is advisable. For more information and insight, including insight into how your specific divorce case may proceed to reach an uncontested resolution, consult with a South Carolina uncontested divorce lawyer to learn more.
