What Is an Uncontested Divorce?

Getting divorced is always difficult. From a personal and emotional standpoint, it represents the parting of two people that once shared a life together. From a legal standpoint, there are often various sticking points and demands that make things tricky to negotiate.

However, some divorces are more difficult than usual. Others, meanwhile, are a little bit easier. An uncontested divorce is an example of the latter.

If you’re considering filing for divorce or are currently going through a divorce, and you’re wondering what your options are, legally, then you need to read this guide. Read on for a breakdown of uncontested divorce from a Mount Pleasant Lawyer well versed in the subject.

The Inner Workings of a South Carolina Divorce

In the state of South Carolina, like many other states, there are two types of divorce one can have. Contested and uncontested.

South Carolina allows five legal grounds for divorce. These are the adultery, habitual drunkenness, physical cruelty, or abandonment of one party in the marriage, as well as no-fault divorce.

In the case of a contested divorce, there needs to be a divorce action when one spouse files a Summons and Complaint. This states the grounds on which they wish to be divorced from the other spouse.

A contested divorce is a common means of securing legal separation from a spouse. Uncontested divorce, on the other hand, works a little differently.

How Does Uncontested Divorce Work?

So, how exactly does an uncontested divorce differ from a contested divorce? In a contested divorce, one party is filing an action against the other. This is because one of the parties object to some part of the divorce itself or the terms it sets out.

With an uncontested divorce, also known as a “simple” divorce, both parties agree on the basics of divorce. They’ll need to have reached a consensus on important details such as the division of property and alimony and, if there are children involved, custody and child support. Each party will still need their own divorce attorneys to represent them.

There are certain terms the spouses must satisfy in order to obtain an uncontested divorce. Both parties must have lived in South Carolina for at least three months before you filed for divorce, As well as this, the spouses must have lived apart from each other for at least one year.

Advantages of Uncontested Divorce

There are many reasons a couple would choose to proceed with an uncontested divorce. It’s usually a much easier, quicker, and less expensive process than other types of divorce. This is why it’s often referred to as simple divorce.

Divorce can take an emotional toll on a person, and this shouldn’t be underestimated when deciding what route you want to take. Monetary considerations as well as how drawn out the divorce process can be are also important things to consider.

Choose the Route That’s Right for You

Whether you choose to move forward with a contested or uncontested divorce, you need to make sure you’ve explored all your options and weighed up the pros and cons of each. No matter what route you choose, we’re here for you. Get in touch today to speak with a Mount Pleasant Lawyer experienced in all aspects of family law.