When filing for divorce from your partner, you need a trusted advocate on your side. Going through divorce proceedings is sure to bring up a wide range of emotions for each side, which can make all the legal procedures seem even more daunting. If you feel like you are ready to go ahead with filing for an Uncontested Divorce but are unsure where to begin, please contact our office. 

We will help you get through all of the necessary legal steps in order to begin your new life as soon as possible. In order to begin a Simple Divorce, you will need to complete the following: 

1. File a Complaint

   1. You must file a packet of divorce forms with the Family Court Division to begin the legal process of separating from your spouse. The forms must be signed in front of a public notary to validate them.

2. Serve Forms to Your Spouse

   1. A copy of your forms must be delivered to your spouse after filling. You can serve papers by: 
      1. Personally: If you choose to, you can hand-deliver the forms to your spouse. Your spouse must then sign the Acceptance of Service form which you will then file with the clerk of court. 
      2. Sheriff’s office: If you do not want to hand-deliver then you can ask the Sheriff to deliver them for you. After they have delivered the papers, the Sheriff’s office will then complete the Affidavit of Service form. 
      3. Certified mail: You can also mail the forms to your spouse by completing an Affidavit of Mailing. You will then ship the forms by certified mail with a return receipt requested. 

3. Request a Hearing with the Court

   1. Once your spouse has either (a) provided a formal response agreeing with the terms of your divorce complaint, or (b) neglected to submit a formal response within 35 days, you can file for a Request for Hearing with the court. You will then receive a Notice of Hearing in the mail with the court date, which you must mail a copy of to your spouse with a return receipt requested. 

4. Finalize the Divorce

   1. Finally, you will complete a Final Order of Divorce and a Report of Divorce or Annulment and bring those to court with you. You must also bring a witness who will testify that you and your spouse have lived separately for at least a year. The judge will ask you questions about your marriage and separation at your hearing. Once the judge decides to grant your divorce, they will then sign the Final Order of Divorce and file it with the clerk of the court. 

While it is possible to file for an Uncontested Divorce in South Carolina without a lawyer, it can still involve a lot of complex legal changes. Dividing marital property and filing the appropriate documents can be difficult for individuals who are not familiar with the system.  Working with an attorney will help you and your spouse ensure that every detail is taken care of and in place to expedite your divorce. It will also help you ensure that your agreement is functional and will be flexible enough to accommodate life changes after the divorce. 

The lawyers of ML Lawyers have been representing clients throughout the Upstate of South Carolina for more than 30 years. We approach all of our cases with the same level of commitment and concern, and we would love to schedule a time to meet with you to discuss your Uncontested Divorce. 

Please contact our office today for specific legal advice for your unique legal case. All initial consultations are free. 

ML Lawyers, P.A.

Helping Clients Throughout the Upstate of South Carolina