What is an Uncontested Divorce?

Divorce is always a highly emotional process. Even if both parties mutually agree to end their relationship, it is still a difficult time.  The process of divorce can become even more complex if there are certain factors involved such as money, children and child support. Many times, the parties are stubborn and refuse to compromise. If you are in the midst of a divorce and need some legal support and guidance, you should seek legal counsel from a Greenville SC family lawyer at Greenville Family Law.

Uncontested Divorce

Fortunately, in Greenville, SC, there is a way to get divorced without too many hassles. Sometimes called a ‘simple divorce,’ it is also referred to as an uncontested divorce.

In the state of South Carolina, divorce is granted on five grounds, of which four of them include 1) physical abuse/cruelty, 2) adultery, 3) repeated drunkenness and 4) absence or desertion for 12 months. These four reasons are all fault-based grounds for divorce. In such cases, if you want to file for divorce, you generally require assistance from a divorce attorney, and you need to be prepared for a contentious and a complicated divorce process.

There is, however, a fifth grounds for divorce which is a “no-fault divorce” or an “uncontested divorce”. In this case, neither spouse blames the other partner for the divorce. With no-fault divorce, there is no need to provide any proof of adultery or any marital discord. One or both partners can simply go to the judge and ask for a divorce. The only requirement for an uncontested divorce is that the couple must be separate or at least 12 months.

However, it is important to know a few facts about an uncontested divorce in Greenville, SC. The judge will still review all the details and may conclude that it is not an uncontested divorce if they are issues like physical abuse, sexual abuse, child custody, and alimony. It is thus important to meet certain criteria before you can apply for an uncontested divorce in Greenville, SC. If both you and your partner want a divorce without any complication, you must be in agreement.

Requirements For An Uncontested Divorce In Greenville SC

To file for an uncontested divorce, you need to meet the following requirements:

  1. Either you or your spouse must have resided in the state for at least 12 months before filing for the divorce petition, or you and your spouse both reside in South Carolina and have resided in the state for at least 3 months before filing for a divorce.
  2. You are filing for divorce based on no-fault grounds after a separation period of 12 months. During this time, you and your spouse have not lived together.
  3. You and your soon to be ex-partner have no marital debt or property debt. If you do, you  both need to reach a consensus on how to divide the debt, assets and other marital property
  4. You do not have any children together nor is the female partner pregnant. If you do have minor children together, both of you must have reached a consensus on spousal support, visitation, and custody. The child support agreement must meet the minimal guidelines set by the South Carolina Child Care Agency.

Once you meet the requirements, you simply fill out the forms with the clerk of the court; you must sign the form in the presence of a notary public. Then, you deliver a copy of the forms to your spouse. You will get an official notification that the divorce is now official.

Family Lawyer in Greenville, SC

If you have any questions regarding the process and the legal requirements for an uncontested divorce in Greenville, SC, you can call our family law attorney at Greenville Family Law. If you need guidance and help in the process, call us today and we can help you prepare everything properly.

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