How long does an uncontested divorce take in South Carolina?

What is the fastest way to get a divorce in South Carolina?

The Simple Divorce Process

  1. File the Complaint. The first step in a simple divorce is to file the following papers with the Clerk of Court, Family Court Division. …
  2. Serve Your Spouse and File Proof of Service. …
  3. Request a Hearing. …
  4. Prepare for Your Hearing. …
  5. Attend the Hearing and Finalize Your Divorce.

How do I get a divorce in SC without waiting a year?

How do I get a divorce in South Carolina without waiting a year? If you can prove a fault-ground for divorce like adultery, habitual drunkenness, physical cruelty, or abandonment, you do not need to wait for the one-year continuous separation.

Do I have to go to court for an uncontested divorce in SC?

Even if you agree and are ready to proceed with dissolving your marriage, an uncontested divorce still requires some work. … Once the agreement is ready, the divorce case has to be filed with the courts. You must request a hearing and show up for your court date.

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Do I have to go to court for uncontested divorce?

An uncontested divorce usually takes less time because there is no need for you or your spouse to go to court and argue the case.

Can you date while separated in SC?

Can I Date While I Am Separated in South Carolina? There is no law that specifically states that you may not date another person while you are separated.

How long after a divorce can you remarry in South Carolina?

Some states require all couples to wait up to 6 days to receive a marriage license.

State waiting times for remarriage after divorce.

To remarry after divorce To apply for a marriage license
South Carolina No restrictions 24 hours
South Dakota No restrictions No restrictions
Tennessee No restrictions No restrictions
Texas 30 days 72 hours

How can I get a quick divorce?

To get a quickie divorce consider:

  1. Filing in another state with a shorter waiting or “cooling off” period than in your home state.
  2. Filing in another state with a shorter time to establish residency than in your home state.
  3. Filing in another state if your state requires a year or more of separation.

Does it matter who files for divorce first in SC?

The initial pleadings filed with the Court to begin the case contain the moving spouse’s allegations as to the basis for the divorce. … By being the first to file, your pleadings will most likely be the first ones the Judge reads and your attorney will be the first one to make his presentation at most hearings.

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Can I file for divorce before one year?

How much time does it take? Divorce by mutual consent can be obtained within six months, but no petition in such a case can be filed within first year of marriage. There also has to be gap of six months between the first and second motions. The court can waive this cooling off period in some cases.

What is considered abandonment in a marriage in SC?

In South Carolina, abandonment or desertion is defined as not living together for a period of one year, without justification or consent of the other spouse.

How fast can you get divorced in South Carolina?

As a practicing Family Law attorney in Charleston, SC, clients will, very early in the process, ask me how long it will take them to get a divorce. Divorces in South Carolina Family Court can take anywhere from 90 days to well over a year or longer.