Uncontested Divorce in South Carolina

Although, it is true that in an uncontested divorce, the Plaintiff and the Defendant have to face less expenditure and time, there are a large number of forms that have to be filed as per the demand of the circumstances. If the divorcing partners are in complete agreement with each other regarding the various aspects of the divorce, then, the procedure is much simplified.

In South Carolina, the spouse who files the action is known as the Plaintiff. The spouse who offers a response to the action is called as the Defendant. The Family Court of the Judicial Circuit is the venue of filing the action.

Grounds of Uncontested Divorce in South Carolina

General grounds

• Willful desertion for one year.
• Cruelty.
• Drug addiction and / or alcoholism.
• Adultery.

No-fault grounds

• Residing apart and separate for a period of one year.

Residency requirements for Uncontested Divorce in South Carolina

• The partner who files the action must be residing in this state for minimum 1 year.
• If both divorcing partners reside in South Carolina, the Plaintiff must have resided for minimum 3 months.

The action can be filed in one of the below mentioned 3 locations.

• The county of which the Defendant is a resident.
• If the Defendant does not reside in this state and cannot be located, then the county of which the Plaintiff is a resident is selected.
• If the divorcing couple resides in this state at the date of filing, then the county wherein the couple last resided together is chosen.

The date of filing the action and the date of the final Decree must be separated by a minimum span of 90 days.

Forms essential for the divorce

Some of the forms that are completed in the divorce action are mentioned below.

• A Complaint for Divorce: This form initiates the divorce. It also establishes that the couple fulfills the requirements of the divorce and any claims to alimony have been waived.

• A Summons: This document is used to intimate the Defendant that the Plaintiff has filed an action and the Defendant has been offered 30 days to file an Answer.

• A Certificate of Exemption: This form endorses that mediation has been exempted from the action and if the visitation and custody issues are applicable to the divorcing parties, then these parties agree with each other regarding these issues.

• A Family Court Cover Sheet: The names, addresses, email addresses and telephone numbers of the divorcing couple are included in this document.

• A Request for a Hearing: The divorcing parties request a divorce hearing.

• An Application and Affidavit of Default: After serving the divorce papers to the Defendant, if 30 days have passed and no answer has been offered by the Defendant, then this document is used. However, the Defendant must not be military personnel.

• An Affidavit of Service: After the divorce papers are served by mail, this Affidavit is returned to the court clerk.

• A Motion and Affidavit to proceed in Formis Pauperis: When the Plaintiff cannot bear the expenses of the action, then, such a Plaintiff files this form.

Divorce Papers