These can be thorny issues, but you must resolve them in order to have an uncontested divorce. Then, following your directions for filing them in my county was right on the mark. We serve Charleston, North Charleston, Mount Pleasant, Summerville, Goose Creek, Hanahan, James Island, West Ashley, Isle of Palms, Sullivan's Island, Folly Beach, John's Island, Ladson, Awendaw, McClellanville, Moncks Corner, Ravenel, Seabrook Island, Kiawah, Ridgeville, Bonneau, Cross, Huger, Jamestown, St. In order to obtain a divorce in South Carolina you either need to obtain an agreement resolving all of the issues ancillary to divorce, or have a Court decide that issues for you and your spouse. How long do divorce proceedings take? When the spouse is notified and all necessary South Carolina divorce papers are brought to court, he or she needed to wait for a court decision. Do I need a divorce lawyer? At this point we are at the mercy of the court and we must wait on them to schedule our case on the court docket. We conclude that an attorney could and should not represent both.
I have seen them happen faster, and I have seen them take much longer. A separation agreement is included in the packages above. One type of divorce in South Carolina is an uncontested divorce, which is a simplified form of divorce, which is also faster and less expensive. Or maybe you and your partner have fully discussed it and know that getting a divorce is the best option. Keep reading to hear the answers to some frequently asked questions about getting a divorce in South Carolina.
The services provided are only administrative and of a clerical nature. How Much Do You Charge? Our lawyers have helped people in Charleston, North Charleston, Mt. How Is Alimony and Custody Decided in an Uncontested Divorce in Greenville, South Carolina? Should You Try to Get an Uncontested Divorce in Greenville, South Carolina? This is a hard question to answer because it contains many variables. Can One Attorney Represent Both Parties in an Uncontested Divorce? Online Document Creation: All online divorce forms completed in real time and available for instant filing and delivery in your local court house. After that paperwork is submitted to the clerk of family court, it has to be served on the other spouse such as by personal delivery by a process server.
Some counties in South Carolina have more resident family court judges to hear cases than other counties do. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court. If you meet all of the above requirements, then you may follow the steps below to fill out the forms for a simple divorce. This also assumes that your case is truly uncontested, meaning you and your spouse agree that there are no issues for the court to resolve except for actualy divorce i. Overall, discovery can take months to complete. You most likely will have questions and not reached an agreement on everything.
Final Hearing If you reached an agreement, the judge will go over it with you and your spouse when your case goes before the court. I believe it is good for people to use an attorney for an uncontested divorce. No final decree will be granted until 3 months after the initial filing of the complaint. Unfortunately, the legal process for divorce can be complex too. The court can decide on custody of the child or change its decision after the appearance of new factors. We make sure all of the appropriate paperwork is prepared, and we attend the hearing to make sure everything runs smoothly.
If an annulment is granted, it will be as if the parties were never married. Your access to the website is subject to our. If the other spouse asserts a counterclaim, then the spouse who started the divorce as 30 days to respond to the counterclaim. Except for lump sum alimony, alimony terminates upon the death of either party. » Before or after divorce you should consider making or changing your Will. The agreement can occur anytime in the divorce process. However, it is possible to avoid this by reaching a negotiated settlement with your spouse.
Divorce is never easy, but an uncontested divorce is almost always the best solution for spouses and their children. A lawyer with an uncontested divorce practice knows what information is needed to legally terminate a marriage and can provide guidance to ensure that the divorce is final. Moreover, in an uncontested divorce, the conflict is kept to a minimum, since both you and your spouse must reach an agreement together. They know they need to bring their case to family court, but they do not know the process from there. Not all uncontested divorces are the same, and it is possible for conflicts to arise which may lead to a messy divorce. Types of divorce Couples who can agree to separate and on the terms of their divorce in North Carolina are filing an uncontested case. We can help you figure out a schedule that works both now and in the future.
An uncontested divorce in South Carolina is one in which these is no disagreement between both spouses regarding the terms of divorce. Answer each of the questions we will ask you and the forms will be completed for you. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause. Spousal support must be resolved if one party asks for alimony. Any agreement is valid only if it is signed on a voluntary basis.