A no-fault divorce is typically the simplest way to get divorced here in Berkeley County, SC, but that doesn’t mean there aren’t requirements. Divorce is fundamentally a legal process, though it likely feels like a highly personal one, and that means red tape. It also means you can cause yourself unnecessary delays and stress if you don’t do things right the first time. A no-fault divorce attorney can help you get everything done as quickly and smoothly as possible.
Next, you’ll need to be sure that you’ve lived apart and separate for a whole continuous year. Every state has its own rules for how to file for an uncontested divorce (or a contested one), and you always have to bring “grounds” for a divorce. In South Carolina, the accepted grounds is separation for a year. This year has to be continuous, meaning that if at any point you came back together, even if it was just for a night, you have to start the clock over at 0 on that day. You also have to live fully apart. Just moving to separate bedrooms doesn’t count: you must live in a totally other place from your spouse for that year.
Divorce requires an enormous amount of paperwork, and it starts with the Complaint for Divorce, which one of you takes the initiative to file. If your soon-to-be-ex-spouse lives in South Carolina, you’ll file this in the county where the two of you last lived as a couple, prior to your separation. If they live outside South Carolina, you can file in whatever county you live in now.
Once that’s been properly filed with all evidence that might be required and any other forms you need (like your Financial Declaration, Request for Hearing, etc), you’ll send a Summons and your Financial Declaration to the defendant, who is the other spouse. This Summons lets them know you’ve initiated proceedings, and your spouse should then accept this and answer it if you’re planning to file for no-fault and hoping for a simple and uncontested divorce. Your Financial Declaration has to include a list of all assets you own, and your spouse will be revealing the same.
Your spouse’s answer shows they received the documents and allows them to challenge the petition you’ve filed, if they wish to. They’ll also have to provide information on all their financials, and then you’ll need to take all these and multiple copies to the right Clerk of Court’s office to be filed, stamped, and returned.
The documents listed here are just some of what might be required. The more assets you have and the more contentious your divorce, the more forms you’re likely to require. It’s absolutely critical that all these forms be properly filled out, and any mistakes can set the whole thing back. That’s just one reason it’s so very helpful to have a lawyer working on your side right from the beginning.
You’ll need to prepare for this hearing by sending in a wide variety of forms detailing everything about your marriage and family. This will include all property, everything about your children, and any agreement that you and your spouse have come to about issues like asset division or a parenting plan. If you’re seeking a no-fault divorce, then you’ll need to be able to agree on most things pretty well as regards your children.
The judge will listen to your arguments and review your documentation at this hearing and then make a decision on how your assets will be divided, how child custody will be worked out, and all other issues. Then a Final Decree of Divorce is issued.
The above is pretty simply put, but if you and your spouse can’t agree on all aspects of your divorce, you’ll likely face quite a few more stages. There will be a “discovery” period, where you and your spouse exchange information and interview witnesses. You’ll also likely need to seek evidence from appraisers and custody evaluators to help the court make determinations about what to do with your assets and what’s in the best interests of your children.
Either or both of you may also file motions on various issues, particularly if you need temporary orders to settle issues of support or child custody while you wait for the divorce to be finalized. There will also be extensive negotiations, and it’s likely the court will order you to mediation. The court prefers it if spouses can come to an agreement on things on their own. Having a lawyer will help a great deal in crafting these agreements, as your lawyers will act as buffers to make it easier for you to talk.
That said, even if one spouse is determined to compromise and agree, the other spouse may simply refuse. Then, having a lawyer will be even more important, as your lawyer will go to court for you. Your lawyer will compile all the evidence needed to prove why your requests should be granted by the court, argue for your position and use the evidence to support these arguments, and counter your spouse’s arguments and evidence.
The fastest way to get divorced is a no-fault, uncontested divorce. This is only possible when you and your spouse agree on absolutely everything: the children, your assets, and any alimony or spousal support. You’ll need to put your agreement in writing, and you’ll want this agreement to be done with the help of a lawyer. That’s because you want to be sure it’s fair to you, takes your long-term needs into account, and – perhaps most importantly – will be acceptable to the courts.
The courts will be especially concerned that any agreements you come to regarding child custody, visitation, and support are in the best interests of your child. When it comes to your child’s needs, their best interests trump any concerns of the parents. When it comes to asset division, the court will look to see that the division is equitable, which is not the same as equal.
If all goes well and you’re able to agree on everything, a simple and uncontested divorce can often be complete three months after your year-long separation period is over. A contested divorce naturally takes a lot longer. You can expect it to take months or even a year or two.
If you can’t do a no-fault divorce but have to ask for a divorce on fault grounds (such as abuse, adultery, habitual drunkenness, or abandonment), you can also expect things to take longer, as you’ll need to bring definitive proof of the grounds you’re arguing for and be prepared for your spouse’s answer.
Contact the experienced lawyers at Ballinger Law Firm today & schedule your free consultation. We proudly serve Mt Pleasant & all throughout South Carolina. Visit our law office at:
Ballinger Law Firm – Mt Pleasant
858 W Lowcountry Blvd,
Mt Pleasant, SC 29464, United States
Phone: (843) 412 9507
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