In Need of an Uncontested Divorce Lawyer in Myrtle Beach, South Carolina?
At the David W. Martin Law Group, our Myrtle Beach divorce attorneys know that not every South Carolina marriage ends in a courtroom battle. Some couples can make important decisions about all the significant issues that must be addressed during a divorce, including property division, alimony, child custody, and child support — depending on which details apply to their marriage — without a family court’s intervention.
When this is true, it is considered an uncontested divorce in South Carolina.
Our Horry County uncontested divorce lawyers guide our clients through this smoother and less adversarial process so they can begin planning their futures without delay.
What are the Requirements to File for an Uncontested Divorce in South Carolina?
To file for an uncontested divorce in South Carolina, you must meet certain legal requirements and follow specific procedures.
Here are the essential requirements to initiate an uncontested divorce in South Carolina:
- Residency Requirement
To file for divorce in South Carolina, either spouse must have been a state resident for at least one year before filing. The one-year residency requirement is still applicable if both spouses are South Carolina residents.
- Agreement on All Issues
In an uncontested divorce, both spouses must fully agree on all significant divorce-related issues, including property division and alimony.
If the divorce involves children, the parents must submit a Parenting Plan outlining child custody, visitation, and child support arrangements. This plan must be in the best interests of the child.
- Filing the Divorce Documents
The spouse initiating the divorce must file the appropriate documents with the family court in the county where either spouse resides.
These documents typically include:
- A Complaint for Divorce outlines the grounds for divorce and other relevant information.
- A Marital Settlement Agreement details the divorce settlement terms, including property division, alimony, and child-related matters.
- A Financial Declaration providing information about the financial situation of both spouses.
After filing, they must serve the divorce papers to the other spouse by South Carolina’s legal service of process requirements. This ensures that the defendant is aware of the divorce proceedings.
Is There a Waiting Period for an Uncontested Divorce in South Carolina?
South Carolina has a mandatory one-year separation period for a no-fault divorce. This means the spouses must have lived separately and apart without cohabitation for at least one year before the court will grant the divorce. The court may not finalize the divorce if the separation period has not been met.
Once the required waiting period has passed, both spouses must appear at a final hearing in family court to present their uncontested divorce agreement to the judge. The judge will review the agreement and, if satisfied, grant the divorce.
We can also help for:
- Child Custody
- Fathers Rights
- Grandparents Rights
- Child Support
- Emergency Custody
- Property Division
- Visitation Modification
Do I Need an Attorney for an Uncontested Divorce in South Carolina?
While handling an uncontested divorce without an attorney is possible, consulting with a reputable South Carolina family law attorney is highly advisable to ensure all legal requirements are met and the documents are correctly prepared.
Our Myrtle Beach uncontested divorce attorneys will protect your rights and interests during the process and ensure the agreement includes all critical details that impact your future, so no detail is left to chance throughout the legal process.
Call 854-854-5623 or contact us online to learn more about your legal rights and options to pursue the best outcome for your unique case by partnering with our dedicated Myrtle Beach uncontested divorce attorneys at the David W. Martin Law Group today.