In Need of an Uncontested Divorce Attorney in Greenville?
Unlike contested divorces, where South Carolina spouses challenge one or more details of their dissolution, including property division, spousal support, child custody, or child support, which requires mediation and/or litigation, uncontested divorces allow both parties to participate in what is called a simple divorce.
During a simple, or uncontested divorce in South Carolina, the conditions are outlined in a private agreement, and signed by both parties, so they can move forward with their separate lives with confidence.
If you believe you and your spouse can determine the details of your divorce without the court’s intervention, our Greenville County uncontested divorce lawyers want to help ensure your rights are protected from the start.
First, you must meet the eligibility requirements. Here is what our South Carolina residents need to know.
Is My South Carolina Marriage Eligible for an Uncontested Divorce?
A simple or uncontested divorce in South Carolina requires both spouses to meet unique criteria, for which not all marriages are eligible.
- You Must Meet the South Carolina Uncontested Divorce Residency Requirements
- Both spouses must have lived in South Carolina for at least three months before they file for divorce.
- If one spouse lives in another state, the other spouse must have lived in South Carolina for one year before the filing date.
- You Must Adhere to South Carolina’s Year-Long Separation Requirements
Even when the details of your divorce are “simple” you must live “separate and apart” from your spouse for at least one continuous year before your divorce can move toward finalization. However, this does not stop the parties from having a South Carolina Property Settlement Agreement approved and incorporated into a Decree of Separate Maintenance and Support, while you wait for you one-year period of separation to pass.
- You Must Have a South Carolina Property Division Agreement in Place
A property division agreement in South Carolina can mean one of two things:
- You and your spouse do not have any marital property or debts to divide between you.
- You have an agreement in place on how you are dividing both assets and debts.
- You Do Not Share Minor Children, or You Have a South Carolina Child Custody, Visitation & Child Support Agreement in Place
This condition of an uncontested divorce is exactly as it sounds. You and your spouse either share no minor children — and one of you is not currently pregnant — or have established a written and agreed upon child custody, visitation, and child support contract.
The final step, after the mandatory one-year waiting period, is to present and file the agreement with the Greenville County family court, so it can be reviewed as fair and equitable to both parties and signed by a judge.
Contact our Uncontested Divorce Attorneys in Greenville, South Carolina
If you believe you and your spouse can outline your divorce details without a judge’s intervention, our skilled uncontested divorce lawyers in Greenville will help you understand the separation requirements, financial declarations, and legal documents that will help end your marriage much faster than litigation would.