Choosing to take the route of an uncontested divorce in South Carolina (also called a simple divorce or no-fault divorce) is the least stressful and more affordable way of ending your marriage. If you and your spouse are able to work together, you will make the decisions for your family – not a judge who doesn’t know you.
Here’s a question to ask yourself: can my spouse and I put our differences aside and keep our emotions out of the picture in order to end our marriage for the betterment of ourselves and our children? If yes, an uncontested divorce may be the option for you.
Requirements for an uncontested divorce
Typically, you and your spouse must have been separated for at least one year. Separated means you have not lived in the same house or spent the night together for the entire year.
You also need to agree on the following:
- Dividing property and debts
- Child Custody
- Child Support
In other words, you need to agree on practically everything for an uncontested divorce in South Carolina.
Additionally, you must meet the South Carolina residency requirements for divorce. The plaintiff, who is the person filing for divorce (you in this case) must have resided in South Carolina for at least one year before filing. If you are not a resident, the defendant (your spouse) must have resided in South Carolina for one year. Or, if both of you are residents of South Carolina when you file for divorce, you must have resided here for three months before filing.
If you meet the above requirements, you are well on your way to a more peaceful and affordable divorce.
P.S. You’ve Got This. Your new, happy life is right around the corner.