Uncontested Divorce – Greenville South Carolina

Uncontested Divorce – South Carolina

An uncontested divorce is one where the parties do not fight in Court and simply need to be divorced legally. In this blog I will list the three (3) main scenarios when I deal with an uncontested divorce and then what it means for hiring an attorney.

1. Scenario One – the parties have no property, debt or children, and neither party wants alimony; however, both parties want to be divorced.  This is the typical uncontested divorce.

2. Scenario Two – the parties have an agreement on all issues. This means that there may be contested issues regarding property, debt, children or alimony but the parties have negotiated the issues to their mutual satisfaction. Sometimes the parties enter into what is essentially a legal separation (an order of separate support and maintenance) to preserve their agreement until the time period for their respective divorce ground has lapsed.

3. Scenario Three – the opposing party does not respond after being served with a summons and complaint for divorce. Generally, even in this instance, there is little or nothing to divide. However, the Court will allow a complaining spouse proceed if the other party fails to answer a summons and complaint after being properly served.

Grounds for Divorce – SC Code 20-3-10 (5)

Generally the grounds for divorce in an uncontested divorce are one year’s continuous separation. In this instance, a party provides a corroborating witness that simply states that they know that a party has been separate for one year and that they would know if they had reconciled with their spouse.

Attorney’s Fees – Uncontested Divorce

Some attorney’s, including myself, will charge a discounted fee if we are satisfied that a divorce will be uncontested due to one (1) of the above scenarios. This is because we charge at an hourly rate and uncontested divorces do not take as much time to complete.  However, if an issue should become contested, such as one of child custody, visitation, child support, equitable distribution, or alimony, we generally reserve the right to bill for the additional work required.

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Please remember that each case is unique. If you have any questions about uncontested divorce, contested divorce,  child custody, visitation, child support or Family Law in general, we urge you to contact us.  In order to be flexible and convenient, we have open office hours, easy appointment scheduling, and payment plans available.

Our law office serves people across the Upstate, South Carolina, including: Greenville, Spartanburg, Anderson, Pickens, Laurens, and Oconee counties.