Getting a divorce in South Carolina is never an easy decision, nor is it always clear what steps you should take in the early stages. If you’re ready to end your marriage, you most likely want the process to be over with as quickly as possible. One way to potentially speed up the divorce process and give yourself an early advantage is to be the one who files for divorce first. This lets you set the pace of proceedings and confers other benefits as well.
Does It Matter Who Files First for Divorce in SC?
Before filing, it’s important to familiarize yourself with the basics of the South Carolina divorce process. If you’re unfamiliar with how divorce works in South Carolina, there are two kinds of divorce proceedings: contested divorces and uncontested divorces.
An uncontested divorce is when both spouses agree on the terms of the divorce, including things like alimony, child support and child custody, how marital assets will be divided, and so on.
The opposite of an uncontested divorce is a contested divorce, which is when one spouse does not agree to the divorce, or the former spouses can’t agree on the terms of the divorce.
Contested divorces are more likely to involve one or both spouses making a case for an at-fault divorce. There are four legally recognized grounds for an at-fault divorce in South Carolina, which are:
- Physical abuse
- Habitual drunkenness or drug use
- Adultery
- Abandonment for one year or longer
Uncontested divorces in South Carolina are often based on no-fault grounds, which requires the spouses to live apart from each other for at least one year. That said, an uncontested divorce can be fault-based, such as when both parties admit that a ground for fault, such as abandonment, took place.
While no-fault divorces may sometimes take longer because of the one-year waiting period, they’re usually less contentious than at-fault divorces.
At first glance, it may not seem to matter who files first for divorce in South Carolina, as the end result matters more than who initiates the process. However, being the one who files first for divorce in South Carolina can confer several key advantages, especially if you plan on making a case for an at-fault divorce. Given how the outcome of your divorce can affect your future in many important ways, you want every edge you can get.
More Time in Collecting Your Information
Being the first to file for divorce means you generally have more time to gather all the information you’ll need. There are a lot of records you’ll need to collect, review, and organize, especially if you’re going to argue for an at-fault divorce.
You’ll also have the opportunity to meet with a divorce lawyer before filing for divorce without any deadlines to worry about. Your attorney can help you figure out what documents you’ll need as part of your case and begin the necessary financial preparations, such as opening up a separate bank account or credit card.
If you do not file for divorce first, you’ll be working on someone else’s timetable and scrambling to gather the information you need in time for your first court appearances. This can make things more chaotic and stressful.
You Will Be Controlling the Story
If you’re the first one to file for divorce, you get to outline the narrative of why you’re getting divorced, at least in the early phase of the proceedings. This lets you build your case for divorce on your own terms, as the judge in your case will most likely hear your side of the story first, and your attorney will get to go first at most court appearances.
This is a significant advantage, as it means your spouse will be responding to the story you tell instead of the other way around. Though this certainly isn’t a guarantee that you’ll get everything you want in your divorce, it can make the process much simpler.
You Will Be Feeling Mentally Prepared
Being under pressure to meet legal deadlines and respond to your spouse’s allegations in a divorce can be quite stressful, potentially making it harder to get what you want.
On the other hand, being the first to file means you’re setting the timelines for your divorce proceedings. This gives you more time to mentally and emotionally prepare, which is more important than you might think.
It’s crucial to stay calm throughout the divorce process, no matter how aggravating your former spouse may be. Having some extra time to prepare can make it easier to maintain a grip on your emotions.
Having Time to Seek Experienced Legal Counsel
Having to respond to your spouse’s divorce filing could put you in a time crunch, as there are crucial deadlines that have to be met once the first spouse files for divorce. This time pressure sometimes means that someone going through a divorce doesn’t have as much time as they would like to find the right legal counsel. Not getting the right lawyer can prove to be disastrous.
But if you’re the one who files first for divorce, you control the timetable, which means you can take your time and find the right attorney for your needs. Considering how important getting an experienced divorce lawyer is, having more time to get proper legal counsel can substantially impact your case.
Ready to Discuss Divorce Options? Contact Us Now
At McKinney, Tucker & Lemel LLC, we know how tough divorce can be and how the right lawyer can make all the difference. We’ll be with you at every step of this challenging process, offering straightforward legal advice and a strong defense of your rights.
To learn more about how we can help you with your South Carolina divorce, call our office in Rock Hill. You can also fill out our contact form or chat with us live.
