How to Get an Uncontested Divorce In South Carolina
What is an Uncontested Divorce In South Carolina?
An uncontested divorce in South Carolina is one in which these is no disagreement between both spouses regarding the terms of divorce. That doesn’t only mean that each spouse is in accord that a divorce is needed; an uncontested divorce in South Carolina means concrete agreement regarding specific terms such as the division of debt and the required amounts of child support.
What Forms Will I Need to File for Uncontested Divorce In South Carolina?
In general, most cases of uncontested divorce in South Carolina require the following forms:
• Form SCBAR 467: A Family Court Cover Sheet, which supplies the court with contact information regarding the action. Print it here.
• Form SCBAR SD-1: A Certificate of Exemption, which states that mediation, is unnecessary since both spouses are in agreement over the terms of the divorce. Print it here.
• Form SCBAR SD-2: A Summons, which informs the non-petitioning spouse that divorce action, is taking place. Print it here.
• Form SCBAR SD-3: A Complaint for Divorce, in which both parties officially petition the court for divorce. Print it here.
• Form SCBAR 430(a): A Financial Declaration, detailing both spouses’ incomes, debts, and property. Print it here.
• Form SCBAR SD-5: An Affidavit of Service, in which the petitioning spouse verifies that the non-petitioning spouse was served divorce papers. Print it here.
• Form SCBAR SD-7: A Request for a Hearing, where one spouse asks the court for a hearing to finalize the divorce proceedings. Print it here.
• Form SCBAR SD-8: A Final Decree of Divorce, which the judge signs to make the divorce official. Print it here.
• Form DHEC 0692: A Department of Health and Environmental Control Record, which is kept for statistical purposes. Print it here.
Who Is Eligible for an Uncontested Divorce In South Carolina?
The residency requirements in South Carolina are some of the strictest in the U. S. Either the petitioning spouse must have lived in South Carolina the past year or both spouses must be residents and the petitioning spouse must have lived in the state the past three months.
The petition for uncontested divorce in South Carolina is preferably filed where the non-petitioning spouse resides.
South Carolina is a no-fault divorce state which means you don’t need to specify any particular grounds for your divorce. However, if you do file a no-fault divorce, you will have had to have lived apart at least one year before doing so. If you’d like to file for divorce before then, you will need to specify grounds such as adultery, cruelty, or substance abuse.