Filing for a divorce and the time leading up to it can be a very confusing and upsetting time in your life. There are so many terms, feelings and court proceedings. There are answers out there if you do a little digging and get the right help. The term “uncontested divorce” is one many may question, so here are some answers according to South Carolina Law.
First, there are some requirements in order for one to file for divorce in South Carolina. The filer must be a resident of the state for at least a year. If both spouses live in the state, the filer can just be a resident for three months. There is also a 90 day delay required between the filing and the final decree.
The spouse who is filing for divorce is the Plaintiff and the other is the Defendant. The uncontested divorce can be a fairly simple process, but only if a few requirements are met.
- The couple has been separated for at least one continuous year.
- There is no property to be separated, or an agreement has already been made about the property.
- There is no debt, or an agreement has been made on the separation of the debt.
- There are no children between the couple or an agreement has been met on child support and custody per the South Carolina Child Support Guidelines.
If you would like to go this route, there is certain paperwork that must first be filed with the Clerk of Court. Harden Law can make sure that your documents are filled out correctly and filed in a timely manner. The following is a list of the typical documents needed in an uncontested divorce:
- A Family Court Cover Sheet
- A Certificate of Exemption
- A Summons
- A Complaint for Divorce (this starts the divorce, and gives the reason for the divorce)
- A Financial Declaration
- An Affidavit of Service
- An Application and Affidavit of Default
- A Request for a Hearing
- A Final Decree of Divorce
While the process may seem complicated, having a lawyer, such as Harden Law, and a great support system around you will definitely ease the process. Keep all your papers in order and make all your court dates and you will be a divorcee before you know it.
