You technically do not need a lawyer to get divorced in South Carolina. South Carolina law allows you to file an uncontested divorce without a lawyer. But if you hire an attorney, they can make sure you meet all the requirements and work to make the process as smooth as possible while you work through the end of your marriage.
At McKinney, Tucker & Lemel LLC, we are a client-focused law firm you can count on during this challenging time in your life. You do not have to handle your divorce yourself. Contact us today to see how we can help you.
What Are the Self-Represented Litigant Simple Divorce Packets?
The South Carolina Judicial Branch provides a packet of forms for those who choose not to retain a lawyer for their divorce. While this is a helpful service, court clerks cannot give any legal advice about how to complete the forms.
You can represent yourself in a simple divorce. However, an experienced divorce lawyer can assist in all aspects of your case, answer any questions you have along the way, and provide the support you need during this difficult time.
What Is the Difference Between a Contested Divorce and an Uncontested Divorce?
A divorce is considered either contested or uncontested depending on whether the spouses agree or disagree on the issues in their case:
- Uncontested divorce – In an uncontested divorce, the couple agrees to the divorce and agrees on specific issues, such as child support and property division. An uncontested divorce typically takes less time and is less expensive since it requires less negotiation.
- Contested divorce – A divorce is contested if the couple disagrees that the divorce should occur or differs on certain issues, including child custody or property division. The spouses and their attorneys must negotiate the terms of the divorce or go to court if they cannot resolve the disputed issues. That means a contested divorce takes longer and is more costly.
Is a Simple Divorce the Same as an Uncontested Divorce?
A divorce is considered simple if it is uncontested. A complex divorce often requires extensive litigation to resolve disputes concerning substantial assets, joint business holdings, and child support and custody arrangements.
What Is the Procedure for Getting an Uncontested Divorce in South Carolina?
In an uncontested divorce, you need to follow these steps for a court to grant your divorce:
- File a divorce complaint – The complaint outlines the grounds and terms for divorce. The county where you file the complaint will depend on where you and your spouse live at the time of filing.
- Serve your spouse with the complaint and summons – To deliver your complaint to your spouse, you should have a sheriff or process server personally serve the divorce pleadings. Service by certified mail is also appropriate.
- Request a court hearing – If you have been living “separate and apart” continuously for at least one year, you can request a hearing to finalize your divorce. You may also request a hearing when your spouse formally responds to your fault-based divorce complaint and agrees with the terms. However, you must wait three months after filing.
- Petition the court to finalize your divorce – The court will finalize your divorce by issuing a final decree.
What Is the “Separate and Apart” Rule for a South Carolina Divorce?
The “Separate and Apart” Rule refers to a period of continuous separation where the spouses live separately, do not engage in a traditional marital relationship, and do not intend to repair the marriage. Under South Carolina law, spouses living separately for one year can be granted a “no-fault” divorce. The parties must live in two different locations to be considered separate and apart. In other words, living in different bedrooms in the same house does not mean living separate and apart.
How Long Can an Uncontested Divorce Take?
Every divorce is different, so the timeline for couples seeking a divorce differs. If the spouses have lived separate and apart for one year, their divorce may be finalized shortly after the required 12-month period expires. The timeline for the court to set a hearing and issue a final decree will depend on how busy its docket is.
If you seek a divorce based on fault that your spouse does not contest, you could set a hearing as soon as 90 days after you file your complaint – depending on the court’s docket.
What Is an Order of Separate Support and Maintenance?
Although not required in divorce cases, an Order of Separate Support and Maintenance can help resolve immediate issues such as child support or custody, alimony, and property division. This court order is especially useful during the year the parties are living separately. While an Order of Separate Support and Maintenance is temporary, judges typically incorporate them into the final decree. Because the family court must approve the order, it is best to work with an experienced divorce attorney to help you negotiate the terms with your spouse and their counsel.
Is South Carolina a Community Property State?
South Carolina is a separate property or equitable division state, not a community property state. In divorces after long marriages where the parties have jointly acquired their property, courts may divide the property close to 50/50. In a shorter marriage, the court will more closely examine certain factors to determine how the property should be split. For example, the court may consider the nonmarital property of each spouse, whether the spouses have vested retirement accounts, and whether separate maintenance or alimony has been previously awarded in the case. A divorce attorney can help you pursue your desired outcome for the division of your property in a divorce.
Contact a South Carolina Divorce Lawyer
At McKinney, Tucker & Lemel LLC, we aim to provide compassionate legal representation throughout your divorce case. We will answer any questions you may have and try to alleviate some of the stress accompanying this difficult time in your life. Call today for a case consultation.
