Uncontested Divorce Attorneys Serving the Mount Pleasant Area

South Carolina firm has decades of experience resolving family law matters

When a married couple in South Carolina agrees to split up, a divorce is not automatic. There are substantive and procedural requirements to be satisfied, and agreement must be reached on essential financial and parenting issues. At Barker Family Law, our Mount Pleasant divorce attorneys have more than 20 years’ experience helping spouses through uncontested divorces efficiently and without stress. We serve clients in Charleston, Dorchester and Berkeley counties.

What makes a divorce uncontested?

In South Carolina, the only available ground for an uncontested divorce is one year of continuous separation. The spouses must have lived apart for at least one full year prior to filing for divorce. A court can issue an Order of Separate Maintenance and Support to set temporary terms for residence, child custody and financial arrangements during the one-year period.

In addition, both spouses must agree on all key issues pertaining to the divorce, which can include division of assets and debts, alimony, child custody arrangements and child support. 

An uncontested divorce is often the preferred choice because it reduces the money spent on legal fees and allows both parties greater control over the final outcome. 

Is an uncontested divorce the right option for me?

An uncontested divorce can be a good option if both parties are willing to communicate clearly, share financial information honestly and work out compromises cooperatively. An uncontested divorce may be possible when:

• Both spouses agree on property and debt division matters.
• Parenting plans are already settled or easily agreed upon.
• There is open communication without major ongoing disputes.
• Both parties want a faster, economical solution. 

If either spouse is rigid about their goals and unwilling to negotiate fairly, additional court involvement may be required, such as mandatory mediation.

How common are uncontested divorces in South Carolina?

In South Carolina, uncontested divorces are relatively common compared to contested cases. While percentages vary by county, approximately two-thirds of divorce cases end up proceeding uncontested. This is largely because most couples are able to reach agreements privately before or during the early stages of the divorce process. 

The steps involved in an uncontested divorce

The uncontested divorce process follows a set of steps that must be completed before the court can finalize the case:

• File the divorce complaint with the court — This can be done only after the mandatory one-year separation period has been met.
• Serve the other spouse with divorce papers — The other spouse must be given copies of the divorce summons, complaint and family court cover sheet. That spouse has 30 days to file a response.
• Submit financial disclosures — The spouses must each file and serve the official Financial Declaration (SCCA 430), usually within 45 days of service of the complaint.
• Complete a settlement agreement — This document covers such matters as property division, alimony, child custody, support and other important issues.
• Attending a final hearing if required by the court — During this hearing, a judge may review the documents, ask a few questions and finalize the uncontested divorce order.

Working with a family law attorney helps ensure each stage is handled correctly and efficiently. 

An uncontested divorce timeline

An uncontested divorce can take between 30 and 90 days. This timeline depends on court schedules in Charleston, Dorchester or Berkeley counties. Cases that are well-prepared tend to move more quickly through the system. Delays typically occur when paperwork is incomplete or when financial disclosures need clarification. We work with clients to keep the process organized and timely so they can complete their divorce efficiently.

Schedule a consultation with an experienced Mount Pleasant family law attorney

If you are considering an uncontested divorce in South Carolina, the attorneys at Barker Family Law can help you reach a fair agreement and comply with all legal requirements. Based in Mount Pleasant, we serve clients throughout Charleston, Dorchester and Berkeley counties. Call us at 843-938-5957 or contact us online to schedule a consultation.