Question 1

When is a Divorce Uncontested in South Carolina?

Accepted Answer

There are many issues for couples to consider if one or both want a divorce. If there are children, they need to address custody, visitation, support, and other details regarding the children. Marital property needs to be divided.  Marital debts need to be apportioned.  They need to decide whether one party will pay alimony to the other or whether they will both waive alimony. These are just some of the issues depending on the particular situation. If the parties are in full agreement on all of the issues, the divorce is oftentimes called “uncontested.”

Question 2

What About Do-It-Yourself Separation Agreements in South Carolina?

Accepted Answer

There are plenty of free, and paid, online separation agreements. To be fair, some of these forms a not bad at all. However, when it comes to a divorce, one size doesn’t fit all. Your needs, your spouse’s needs, and your children’s needs are unique. In the end, you will be better served to speak with a lawyer about your situation before trying to cram the future of your family into a template separation agreement. Here’s just one of many examples why template divorce agreements don’t always work. In South Carolina, there are inheritance rights for a spouse when their husband or wife dies without a will. Just because you have a separation agreement doesn’t mean that these inheritance rights go away if the other spouse should die before the divorce is finalized. In the template forms I’ve seen, none of them address this issue. Again, this is just one of many examples of the short-comings of separation template forms.

Question 3

Do You Need to Hire a Lawyer for an Uncontested Divorce in South Carolina?

Accepted Answer

Marital Home, Parenting Schedule,  Tax Consequences There are just three of many examples of where an uncontested divorce should remain uncontested, but the separation agreement needs a little fine-tuning.

Question 4

Can One Attorney Represent Both Parties in an Uncontested Divorce?

Accepted Answer

One attorney can’t represent both the husband and the wife. In 1981, the South Carolina Bar’s Ethics Advisory Committee issued an opinion stating: “The position of the [husband and wife] in a divorce action are inherently adversary. We conclude that an attorney could and should not represent both.” However, we’ll give advice to the spouse that hires us and we’ll prepare an agreement according to that spouse’s wishes. We will send the agreement to the other spouse and ask if that spouse proposes that anything be changed. We will not provide any advice or substantive representations to the other spouse, except that we will encourage that spouse to have the agreement reviewed by his or her own lawyer. Otherwise, we deal with the pro se (doesn’t have a lawyer) spouse fairly and professionally. After all, we want (and encourage) your divorce to remain uncontested.

Question 5

What’s the Legal Process for an Uncontested Divorce in South Carolina?

Accepted Answer

In an uncontested divorce, we make sure your agreement is signed before anyone ever steps into the courtroom. After it is signed, we file a case with the court and request a hearing. We make sure all of the appropriate paperwork is prepared, and we attend the hearing to make sure everything runs smoothly. At the hearing, we have the agreement approved by the court so that it is enforceable, we proceed with the divorce, and if the wife wishes to resume her maiden name, she may can have that done at the time of the hearing.

Question 6

I’ve Seen Ads for Uncontested Divorces for Less than $200. How Much Do You Charge?

Accepted Answer

I recently saw a poster on a telephone pole advertising uncontested divorces in Charleston, South Carolina for $150.00 even when there are children involved. Knowing the filing fee in family court costs this much, I was curious how any lawyer could advertise this fee for their services. So, I called the number and visited their website to find out more. As it turns out, this advertiser was NOT a law firm nor were they lawyers. Instead, these advertisers are non-lawyers who are charging people for the divorce forms and paperwork that are already FREE online from the South Carolina Judiciary including instructions. As written on one website, in fine print, “We are not attorneys, nor do we portray to be. All parties are ‘pro se’ and clients will file any and all court documents as ‘pro se.’ We do not offer or provide any legal advice,opinions,conclusions, persuasions or otherwise. The services provided are only administrative and of a clerical nature . . . .”  To save you $150 for forms that are FREE online, click here —> South Carolina Simple Divorce Packet.

Question 7

What’s the Deal With Waiting for One Year for the Divorce?

Accepted Answer

In South Carolina, a person must have a legal ground in order to obtain a divorce. The grounds for divorce are (1) one year continuous separation, (2) adultery, (3) physical cruelty, (4) habitual drunkenness or drug use, and (5) desertion. To “keep the peace,” most uncontested divorces we’ve seen are on the ground of one year continuous separation. This means that we can’t file for divorce until 365 days have passed since the parties separated. We caution couples not to spend one night together during this 365 days because it could reset the clock.

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