Divorce can be a complicated process with a lot of emotions involved. Sometimes, things just don’t work out. At ML Lawyers, we understand not every divorce is the same – but it can be friendly. Filing an uncontested divorce allows you and your ex-spouse to finalize your legal proceedings as quickly and efficiently as possible.
When a divorce is filed as an uncontested one, both spouses agree on all issues required to end the marriage. In order to file for an uncontested divorce in South Carolina, you must meet the following requirements:
- Residency – Both parties in the divorce must have lived in the state of South Carolina for at least three months before you can file for divorce. If one spouse lives in another state, the other state must have lived in South Carolina for at least a year before the filing date.
- Year-long Separation – To qualify for a divorce in SC that doesn’t rely on one spouse’s misconduct, you and your spouse must live separate and apart for one continuous year. This means in two separate homes – not two separate bedrooms.
- Property Agreement – Both parties must reach an agreement on how to divide property and debt.
- Children – If there are children involved in the marriage, you and your spouse must have an agreed-upon arrangement for child custody, visitation, and child support.
Once these requirements are reached, and paperwork is filed, both spouses must submit financial declarations to be put on file. The agreement must be put in writing and approved by a family court. After that, you must request a hearing and be present at your court date. When the hearing is complete, your divorce can be finalized by the judge.
A long divorce proceeding doesn’t have to happen, and no one needs to get hurt in the process. When you and your partner are ready to proceed with your Uncontested Divorce, please contact ML Lawyers for a free initial consultation. Simple Divorces are still complex legal procedures, and enlisting the help of an experienced Simple Divorce Attorney will make the process much easier.