How Long Does An Uncontested Divorce Take In South Carolina? Get The Fastest Process

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Going through a divorce is never easy, especially when it comes to dealing with the legal intricacies. In South Carolina, an uncontested divorce can be much quicker and less stressful than a contested one. But just how fast can you expect the process to be? That’s what we’re here to answer.

If you’re looking for a straightforward and simple way to end your marriage without the hassle of a lengthy court battle, then an uncontested divorce may be the right option for you. However, every situation is different, and the length of time it takes to finalize the divorce proceedings will depend on several factors.

“The fastest process” does not necessarily mean that everything will be over in the blink of an eye. It still requires some work and effort from both parties involved, along with careful attention to all the necessary steps in the process.

In this article, we’ll provide you with an overview of the requirements for an uncontested divorce in South Carolina and explain what factors affect how long the process might take. We’ll also offer some tips on the best ways to speed up the process so that you can start moving forward quickly and efficiently.

So if you’re considering filing for an uncontested divorce in South Carolina and want to know how long it might take, keep reading to find out more!

Understanding Uncontested Divorce

Going through a divorce is never an easy process, but it doesn’t necessarily have to be a long and drawn-out affair. In fact, many couples these days opt for an uncontested divorce, which can save them time, money, and stress.

What is an Uncontested Divorce?

An uncontested divorce is one where both parties agree to all the terms of the divorce, including child custody, support payments, division of assets, and any other relevant issues. This allows the divorce proceedings to move much more quickly than a typical contested divorce, as there are fewer disputes to work out in court.

In South Carolina, an uncontested divorce can typically be finalized in as little as 90 days from start to finish, although this timeline may vary depending on the specific circumstances of your case. If you and your spouse have no children together and no major assets or debts to divide, the process may be even faster.

Is an Uncontested Divorce Right for You?

Deciding whether an uncontested divorce is right for you will depend on a number of factors, including your relationship with your spouse, your financial situation, and your overall goals for the divorce.

If you and your spouse are able to communicate well and come to agreements about all the important aspects of your divorce, then an uncontested divorce may be the way to go. Not only will this save you time and money, but it can also help preserve your relationship with your ex-spouse, which can be especially important if you have children together.

If you and your spouse have significant disagreements about key issues such as custody or support payments, then a contested divorce may be necessary. While this may take longer and cost more money, it is important to ensure that you get the best possible outcome for your future and the future of your children.

“The more amiably an argument can be settled, the better. Otherwise, when the combatants are worse off than before, as both are bound to think, so much trouble incurred for nothing.” -Desiderius Erasmus

If you do decide that an uncontested divorce is the way to go, be sure to work with an experienced family law attorney who can guide you through the process and ensure that everything is handled properly. Although this may seem like a straightforward approach, there are still legal requirements that must be met in order for the divorce to be recognized by the court.

While an uncontested divorce isn’t right for everyone, it can be a great option for those looking to minimize time, money, and stress in their divorce proceedings. With the right guidance from a qualified attorney, you can achieve a swift and favorable resolution to this difficult situation.

Factors That Affect The Divorce Timeline

A divorce can be a long and complicated process, involving many legal steps that must be completed before the marriage is officially dissolved. How long does an uncontested divorce take in South Carolina? While every case is unique, there are several factors that can affect the timeline of a divorce proceeding.

Length of Marriage

The length of a marriage can have a significant impact on how long it takes for a divorce to become final. In general, shorter marriages tend to move more quickly through the court system, as there may be fewer assets to divide and fewer issues to resolve. Longer marriages, particularly those lasting 10 years or more, may involve complex property division and spousal support agreements that can take longer to negotiate and finalize.

“In some states, if you’ve been married for less than five years, you don’t even need to go to court – you can just fill out a form and file it with the court clerk,” says Michelle Crosby, CEO of Wevorce, a company that provides online divorce services. “But in other states, especially those where property division is done differently, it can take much longer.”

In South Carolina, couples who have been married for less than one year cannot get a no-fault divorce unless they can prove one of four specific grounds for fault. Couples who have been married for one year or more may seek a no-fault divorce based on irreconcilable differences. Generally, a no-fault divorce will require at least 90 days to complete once the complaint is filed and served on the other party, but contested cases could take considerably longer.

Number of Assets and Debts

When spouses share a significant amount of assets and debts, the process of dividing property can be complicated and time-consuming. This is particularly true in cases where there are multiple properties, investment accounts, or businesses to divide.

The court will require a complete inventory of all assets and debts held by each spouse, as well as their value. Then the parties must come to an agreement on how to divide those assets, either through negotiated settlement or mediation. If no agreement can be reached, the court may have to decide on behalf of the couple, which could involve lengthy trials and appeals.

“When you’re dividing marital property, the cost of appraisals and determining what your property is worth can really add up,” says Crosby. “It’s especially tricky when it comes to things like stock options that might not be liquid yet or real estate that’s hard to sell.”

Child Custody and Support

If a couple has children together, the divorce proceedings may take longer if they cannot agree on issues related to child custody and support. South Carolina courts prioritize the best interests of the child in determining custody agreements, and both parents must submit to background checks and provide full disclosures regarding their income and other relevant information.

If the two parties cannot reach an agreement about custody arrangements, the court may appoint a Guardian ad Litem or mediator to help facilitate discussion and arrive at a resolution that benefits everyone involved. Additionally, discussions around how much child support should be paid, who pays for health insurance, and other ongoing expenses can significantly slow down the divorce timeline.

“Custody battles can drag on forever because couples are fighting for something very important – their kids,” says Crosby. “Ideally, you want to resolve these issues as quickly and amicably as possible, but sometimes that just doesn’t happen.”

The length of time required to finalize a divorce in South Carolina depends on several factors, including the length of the marriage, the number and complexity of assets to divide, and child custody and support issues. While an uncontested divorce can take as little as 90 days from filing to final judgment, it’s often best to work with a qualified family law attorney who can help ensure that all of your legal requirements are met and the process moves as quickly and smoothly as possible.

The Fastest Way To Get An Uncontested Divorce

Going through a divorce is never easy, but an uncontested divorce can be much less stressful and time-consuming than a contested one. If you’re wondering how long an uncontested divorce takes in South Carolina, the answer is that it depends on several factors. However, there are some steps you can take to speed up the process.

Agree on All Terms Before Filing

The most important thing you can do to expedite your uncontested divorce is to agree on all terms before filing. This means coming to an agreement with your spouse about asset division, child custody, alimony, and any other relevant issues.

If you can come to an agreement on these issues beforehand, you can file for an uncontested divorce immediately. The court will then review your paperwork and grant the divorce relatively quickly (usually within 90 days).

If you cannot reach an agreement with your spouse, you’ll need to go through mediation or litigation to settle these matters. This can significantly prolong the process and make it more expensive as well.

Use an Online Divorce Service

Another way to speed up your uncontested divorce is to use an online divorce service. These services provide step-by-step guidance for completing the necessary forms and submitting them to the court.

Using an online divorce service has several advantages. First, it saves time and money compared to hiring an attorney. Second, it ensures that you complete all the necessary paperwork correctly and avoid common mistakes that can delay your case.

Finally, using an online divorce service can also help you resolve any disputes with your spouse without going to court. Many of these services offer mediation or arbitration to help couples reach agreements on unresolved issues.

  • One online divorce service that has a good reputation is
  • CompleteCase

Using an online divorce service can be especially helpful if you and your spouse live in different states or countries. These services have experience with the specific laws and requirements of each jurisdiction, which can save time and avoid costly mistakes.

“The cost savings for self-filing couples is considerable when compared to retaining high-priced attorneys.” – Kori Ashton, WebTegrity

The fastest way to get an uncontested divorce in South Carolina is to agree on all terms beforehand and use an online divorce service. By doing these things, you can avoid unnecessary delays and expenses and move forward with your life as quickly as possible. If you have any questions about the uncontested divorce process or need assistance with filling out paperwork, consult with a reputable online divorce service or legal professional in your area.

How To File For An Uncontested Divorce In South Carolina

Meet Residency Requirements

If you want to file for an uncontested divorce in South Carolina, there are certain residency requirements that you need to meet. You or your spouse must have been a resident of the state for at least one year before filing for divorce. Furthermore, if you and your spouse live in different counties within the state of South Carolina, then the divorce case should be filed in the county where the respondent (the person who did not initiate the divorce) lives.

Complete and File Necessary Forms

After fulfilling these residency requirements, the next step is to complete and file all the necessary forms with the court. The forms include:

  • The Summons for Divorce Complaint
  • The Plaintiff’s Motion and Affidavit for Temporary Relief
  • The Financial Declaration Form
  • The Marital Settlement Agreement (if applicable)
  • The Petition for Divorce

You can obtain these forms from the local family court or download them online. It’s important to fill out all the forms accurately and completely. Any errors or omissions could delay the process or even result in your case being dismissed entirely. Once you’ve completed the forms, file them with the family court in the county where you or your spouse reside.

Serve Your Spouse with Divorce Papers

After you’ve filed the forms with the court, it’s time to notify your spouse about the divorce proceedings. This is done by serving him or her with a copy of the documents you filed – this is called “service.” If your spouse signs an Acceptance of Service form, then service has been completed. If your spouse refuses to sign the document, you may have to serve him or her through a process server or law enforcement officer.

It’s critical that service is done correctly because if your spouse isn’t properly served, then the court won’t be able to make any decisions in your case until they’re satisfied that he or she has been notified of the proceedings. This could cause significant delays and additional expenses.

Attend Final Hearing

Once you’ve served your spouse with divorce papers (or made a reasonable effort to do so), the final hearing date will be set. During this hearing, you’ll have to present evidence supporting all the claims made in your divorce petition. If the judge is satisfied that all the requirements have been met, he or she will issue an order granting your uncontested divorce.

In general, an uncontested divorce takes much less time than a contested one. On average, it can take between 60-90 days from the time you file for divorce to when the final hearing takes place. However, the timing depends on multiple factors such as the efficiency of the local courts and how long it takes to complete service with your spouse.

“In South Carolina, most uncontested divorces can be processed within two months.” -Katz & Associates Law Firm

The good news about an uncontested divorce is that it allows both parties to save time, money, and emotional stress. But remember, even though there are fewer issues to resolve, it’s still important to navigate the legal system carefully and accurately. It’s always advisable to seek guidance from experienced professionals who specialize in divorce matters to ensure a swift resolution to your case.

How Long Does It Take To Get A Divorce Decree?

A divorce decree is the final order issued by a court that officially terminates a marriage. The timeframe for obtaining this decree varies depending on several factors, including the state and court involved, as well as the circumstances of your case.

Varies by State and Court

The process of obtaining a divorce decree can take anywhere from a few weeks to several months or even years, depending on where you live and the specific court handling your case. In general, states have their own set of rules and procedures for granting divorces.

For example, in South Carolina, an uncontested divorce can be finalized at least 90 days after the filing date if there are no children involved, whereas a contested divorce may take much longer. In some states, like New York, the timeline for an uncontested divorce can range from six months to a year.

It’s also important to keep in mind that certain courts may have different timelines based on their workload. For instance, a busy urban court may take more time to process cases than a rural county court.

Factors That Can Affect the Timeline

Aside from state and court procedures, there are several other factors that can impact how long it takes to obtain a divorce decree:

  • Type of divorce: As mentioned above, an uncontested divorce where both parties agree on all aspects of the separation will likely take less time than a contested divorce where issues such as child custody and property disputes need to be resolved in court.
  • Paperwork processing: Filing paperwork with the court correctly and promptly can expedite the process. Conversely, incomplete or incorrect documents could slow everything down.
  • Legal representation: Hiring a divorce attorney to represent you can help speed things up, as they will be familiar with the court’s procedures and deadlines. However, representing yourself without an attorney may slow things down if you struggle with understanding legal jargon or don’t know what documents need to be filed.
  • Court availability: Like any other branch of government, family courts have only so many judges and clerks, who are tasked with processing a high volume of cases each day. This means there may be delays in scheduling hearings or obtaining responses to motions filed.

How long it takes to get a divorce decree depends on various factors, including state rules, court procedures, the type of divorce, completeness of paperwork, legal representation, and court availability. By taking these factors into account, you can prepare for what is likely to be a lengthy process and help ensure that your case moves forward efficiently.

Benefits Of Choosing An Uncontested Divorce

Less Expensive Than Contested Divorce

An uncontested divorce is typically much less expensive than a contested one, which can save both parties a significant amount of money.

In South Carolina, the filing fee for an uncontested divorce is $150, while a contested divorce may cost thousands in legal fees and court costs.

By choosing an uncontested divorce, couples can avoid prolonged litigation, which can quickly rack up attorney’s fees. Instead, they can work together to come to a mutually agreeable resolution and move on with their lives.

Less Time-Consuming Than Contested Divorce

One of the biggest advantages of an uncontested divorce is that it takes less time than a contested one.

A contested divorce can take months or even years to resolve as each party argues their case through litigation. However, in an uncontested divorce, the couple works together to reach a settlement agreement, which can be approved by a judge quickly.

Not only does this save time but it also minimizes the emotional toll of going through a long and drawn-out divorce process. Couples who choose an uncontested divorce can start moving forward with their lives much sooner.

Less Stressful Than Contested Divorce

Divorces are inherently stressful situations – there’s no denying it. However, an uncontested divorce can help mitigate that stress.

When couples choose an uncontested divorce, they are taking control over their own lives instead of leaving everything up to the courts. They work together to come to an agreement that suits them both, rather than fighting tooth and nail for every last detail.

This collaboration can lead to a smoother, more amicable divorce process, which makes a huge difference for everyone involved – especially children.

Allows for More Control Over the Outcome

In a contested divorce, judges have a significant amount of control over the outcome. They make decisions that can impact every aspect of each party’s life, from property division to child custody arrangements.

An uncontested divorce gives couples the power to make those decisions themselves. Instead of relying on a judge who doesn’t fully understand their unique situation, they can work together to reach an agreement that works for them both.

With an uncontested divorce, each party has more control over the outcome, which leads to greater satisfaction and a smoother transition into post-divorce life.

“Couples who choose an uncontested divorce are more likely to end up with a mutually agreeable resolution than those who go through litigation. This can lead to less bitterness and resentment towards one another in the long run.” – Attorney Jennifer L. Owens

Choosing an uncontested divorce in South Carolina can save time, money, and stress while allowing for greater control over the outcome. Couples who opt for this option may find that they come out the other side feeling much better about their divorce than those who go through a contested process.

Frequently Asked Questions

How long does it take to get an uncontested divorce in South Carolina?

The average time to get an uncontested divorce in South Carolina is 90 days. However, the time frame can vary depending on the county and the specific circumstances of the divorce. In some cases, the process can be completed in as little as 60 days, while in others, it can take up to 6 months or more.

What is the minimum waiting period for an uncontested divorce in South Carolina?

The minimum waiting period for an uncontested divorce in South Carolina is 60 days. This waiting period begins after the filing of the Complaint for Divorce. However, if there are contested issues, such as child custody or property division, the waiting period may be longer. It is important to note that the waiting period is a minimum requirement and does not guarantee that the divorce will be finalized within that time frame.

What factors can affect the length of an uncontested divorce in South Carolina?

Several factors can affect the length of an uncontested divorce in South Carolina, including the complexity of the issues involved, the cooperation of both parties, and the court’s caseload. Additionally, if there are any errors or omissions in the paperwork, this can cause delays in the process. Hiring an experienced attorney and ensuring that all documents are completed accurately can help expedite the divorce process.

Is it possible to speed up the process of an uncontested divorce in South Carolina?

Yes, it is possible to speed up the process of an uncontested divorce in South Carolina. One way to do this is by working with an experienced attorney who can ensure that all documents are completed accurately and submitted in a timely manner. Additionally, both parties can agree to waive certain waiting periods, such as the 60-day waiting period after filing the Complaint for Divorce. However, it is important to ensure that all legal requirements are met to avoid potential complications or delays.

What are some common mistakes that can delay an uncontested divorce in South Carolina?

Common mistakes that can delay an uncontested divorce in South Carolina include incorrect or incomplete paperwork, failing to disclose all assets and debts, and not following court procedures and deadlines. Additionally, failing to reach an agreement on all issues, such as child custody and property division, can cause delays in the process. Working with an experienced attorney and ensuring that all legal requirements are met can help avoid these common mistakes and expedite the divorce process.

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