Uncontested Divorce
Uncontested Divorce in South Carolina
South Carolina law does not permit an immediate no-fault divorce, but it does permit uncontested divorce, so long as grounds for the divorce exist.
An uncontested divorce can be very cost-efficient and can result in a divorce where both spouses walk away happy. Under South Carolina law an attorney can only represent one party to a divorce. However, in many uncontested divorces, the other spouse continues pro se and the attorney guides the spouses through the process. In an uncontested divorce the attorney’s primary focus is obtaining full financial disclosure of income and assets between the parties and preparing the formal agreement for execution by the spouses.
At the Law Office of Richard J. Breibart, LLC, our experienced and dedicated family law attorneys frequently handle uncontested divorces for spouses who are close to agreement on the terms of their divorce.
Important Note: Our law firm cannot represent both spouses in an uncontested divorce, because to do so would create a conflict of interest. In uncontested divorce cases, what we do is represent one spouse and work with that spouse to write a separation agreement that covers all the important issues relating to the divorce.
The two spouses then review the agreement — either at home or in our offices — and our attorneys are available to negotiate changes to the agreement if necessary.
Why Hire a Divorce Lawyer for an Uncontested Divorce?
The uncontested divorce process can be quite straightforward. For that reason, some couples convince themselves that they do not need a lawyer at all, and they handle their divorce themselves.
However, hiring an experienced divorce lawyer to write your separation agreement — or review a separation agreement you have already written — could save you time and financial resources in the future.
Here are just a few of the issues that spouses tend to forget about when writing their own separation agreements:
- Who is responsible for credit card debt?
- Who will put the child on their health insurance policy? Will that person be reimbursed?
- Will each spouse get a portion of the other's retirement benefits?
- What visitation arrangements will be made if one parent moves out of state?
- Who will claim the child as a dependent for tax purposes?
Our law firm's motto is that it is best by far to take the time to work out every detail of a separation agreement at the outset. Issues that seem small and unimportant right now can easily grow in importance as time passes. Individuals who leave unresolved potentially major issues tend to regret their earlier inaction.
Consult the Law Office of Richard J. Breibart, LLC
We can help you write an uncontested divorce agreement that covers most potential issues — from visitation arrangements to life insurance. You can then rest assured that the chances are low for conflicts to arise in the future.
We provide free, in-person consultations, and we may have appointments available in the early mornings, evenings and on the weekends for your convenience. Call us locally at 803-753-1834 or toll-free at 866-645-8743. Or send us an e-mail for a prompt response.
