• 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, then the other spouses must have lived in South Carolina for a year before the filing date. 
• Year-long Separation: In order to qualify for the only grounds for divorce in South Carolina that doesn’t rely on one spouse’s misconduct, you and your spouse must live separate and apart for at least one continuous year. Separate bedrooms in the same house do not count for the requirement. 
• Property Agreement: Both spouses must reach an agreement on how to divide property and debt if there is marital property or debts.  
• No children or an agreed upon arrangement for care: If there are children of the marriage, then 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. 

The divorce case has to be filed with the courts once the agreement is ready. Then, you must request a hearing and be present at your court date. Once the hearing is complete, your divorce is finalized when the judge signs the order.

When you and your partner are ready to proceed with your Uncontested Divorce, please contact our office 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.