Can South Carolina Make Divorce Easy?

17 Aug

An easy divorce sounds like a paradoxical and likely false possibility. However, the state of South Carolina may have found a way to make this fantasy a reality. This article will help you learn more about how South Carolina is helping its citizens with divorce. Divorce is notorious for being complicated. Now, with the introduction of an  "easy divorce" there's hope for potential divorcees across the state.

To start with let's introduce the legal term that describes an easy divorce. The term used by the courts is an uncontested divorce. Another name used to describe an uncontested divorce is a "no-fault" divorce". In order to understand what a no-fault divorce would look like, you must first look at the basics. In South Carolina, there are 5 main reasons someone can ask for a divorce. The reasons include physical abuse, alcohol abuse, abandonment for one year, adultery and the last option is no fault. The option to claim no fault only became available within the past 50 years. This option is intended to help ease the complications often associated with divorces. A no-fault divorce is one where both parties agree that they aren't compatible. The split is amicable and not arising as a result of undesirable behaviors.

Before you get excited about the no-fault divorce option, see if you meet the requirements. There are 4 main criteria used to judge acceptable no-fault claims. The first of the four is in relation to your residence. You and your spouse have to be presently residing in South Carolina 3 months prior to the divorce filing. The only exception is if you were living in South Carolina for at least a year, filed for divorce and then moved. Next, you have to be separated from your spouse for one full year before filing for a no-fault divorce. The third requirement is completely up to you and your spouse. The third requirement states that you and your spouse must have reached an agreement in relation to the distribution of assets and finances.. Most importantly the state of Carolina requires you do not have any children. If you do have a minor child, then both parties must fully agree on custody arrangements. Furthermore, the agreement must uphold all laws set in place to protect the child's welfare.

Now that you have determined you qualify for an easy divorce you can take your first step. The family court division of the Clerk of Courts will be your first stop. You need to file your request in the county where you lived when you were married. Specifically, the complaint needs to be filed in the county where a residence was established by both members of the marriage. There are a lot of forms associated with your request. Be patient and carefully read each form, making sure to have a notary present when appropriate.

Finally, you are ready to take the most important step. You have determined you qualify for an easy divorce and you have properly filed the paperwork. The next step is serving your spouse with the paperwork and storing proof of this. A commonly used method to obtain proof that you sent your spouse the request is by using certified mail.

An uncontested divorce is a life changing option for hundreds of family. Divorce will never be fun but at least now it can be easy. Speak with an attorney and see if you can qualify for an uncontested divorce. The time and money saved will be well worth your inquiry. For more awesome info, check it out!

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