To expedite a divorce in South Carolina, consider pursuing an uncontested, fault-based divorce. Here’s how:
1. Grounds for Divorce:
- Fault-Based Grounds: South Carolina recognizes several fault-based grounds for divorce, including adultery, physical cruelty, habitual drunkenness, and desertion for one year. Filing under these grounds allows you to request a final hearing 90 days after filing.
- No-Fault Ground: Alternatively, a no-fault divorce requires living separate and apart without cohabitation for one continuous year before filing.
2. Uncontested Divorce:
- Agreement on Key Issues: An uncontested divorce means both spouses agree on all major aspects, such as property division, alimony, child custody, and support. This agreement streamlines the process by avoiding prolonged disputes.
3. Steps to Expedite the Process:
- Prepare and File Divorce Papers: Draft and file the necessary documents, including the Complaint for Divorce and a settlement agreement outlining the agreed terms. File these with the appropriate family court.
- Serve Your Spouse: Even in an uncontested divorce, you must formally notify your spouse of the divorce action. This can be done through personal service or by having them sign an “Acceptance of Service” form.
- Attend the Final Hearing: The court will schedule a brief final hearing to review your settlement agreement. If everything is in order, the judge will sign the divorce decree, legally ending your marriage.
4. Considerations:
- Residency Requirements: At least one spouse must have been a South Carolina resident for a minimum of one year before filing. If both are residents, this requirement is reduced to three months.
- Legal Assistance: While an uncontested divorce is more straightforward, consulting with a family law attorney can ensure all legal requirements are met and help avoid potential delays.
By meeting the residency requirements, filing under a fault-based ground, and ensuring mutual agreement on all divorce terms, you can significantly reduce the time required to finalize your divorce in South Carolina. This is how to get a divorce in SC without waiting a year.
