In South Carolina, all divorces fall into one of two categories: contested or uncontested. While all divorces ultimately lead to the same outcome, the process of getting to that outcome is very different in contested and uncontested divorce cases.

When starting the divorce process in Rock Hill, spouses have the ability to choose which option they want to pursue. If the spouses are willing to work together to bring their marriage to an end, they can choose to file for an uncontested divorce. If the spouses are not willing to work together, then either spouse can file for a contested divorce.

So, which option should you choose?

Comparison of Contested and Uncontested Divorces in Rock Hill, SC

To make an informed decision, it will be important to carefully consider the potential benefits and costs of both options. With this in mind, here is a comparison of contested and uncontested divorces in Rock Hill:

Contested Divorce

A divorce is classified as “contested” if the spouses are unable to agree on any of the issues that they need to resolve in order to bring their marriage to an end. If they can’t agree, they will need to ask a judge to make a decision for them—and this means presenting their respective claims in the York County Family Court.

The main issues that divorcing spouses need to resolve during the divorce process are:

• Division of marital assets
• Division of marital debts
• Spousal support (alimony)
• Child support
• Child custody (parenting time)

Fundamental disagreements regarding any of these issues can lead to a contested divorce. Even if divorcing spouses are able to agree on most aspects of their divorce, if they reach an impasse on any individual issue, this can be enough to require court intervention.

Filing Requirements

Filing for a contested divorce in Rock Hill starts with submitting a complaint in the York County Family Court. After this initial filing, the complaint must be served on the other spouse. This starts the clock ticking for the served spouse to file a response. The spouse who files for divorce must also pay a $150 filing fee.

A key fact to understand about contested divorces is that they do not require proof of “marital fault.” While one or both spouses may choose to assert fault-based grounds for seeking a divorce—as this can impact the spouses’ property, financial, and custody rights in certain circumstances—many contested divorces are “no fault” divorces based on irreconcilable differences. Allegations of “marital fault” can impact the timeline as well, so it is important for spouses who are considering a contested divorce to ensure that they make informed decisions about how to file.

Process

After one spouse files a complaint in the York County Family Court, the other spouse must file a formal response. From this point forward, the spouses will work with their respective attorneys to develop their claims and defenses; then, when the spouses’ trial date arrives, their attorneys will present their claims and defenses in court.

Timeline

The timeline of a contested divorce in Rock Hill depends on several factors. These include any allegations of “marital fault,” whether the spouses have lived separately for a year or longer, and the number of issues the spouses need to resolve, among others. While relatively straightforward contested divorces can often be resolved in a matter of months, it is not unusual for contested divorces to take a year or longer.

Uncontested Divorce

A divorce is classified as “uncontested” if the spouses are able to reach a complete agreement without the need for judicial intervention. In an uncontested divorce, the spouses work with their respective attorneys to resolve all of the terms of their divorce, and, when they are done, they submit their divorce settlement agreement to the court and obtain a Final Order of Divorce from the judge.

Filing Requirements

The initial filing requirements for contested and uncontested divorces are the same. One spouse must file a complaint and pay the $150 filing fee to start the process. After any applicable waiting periods have passed, the spouses can then submit their divorce settlement agreement to end the process.

Process

In an uncontested divorce, the bulk of the process is focused on negotiating the terms of the spouses’ divorce settlement agreement. Their agreement must address each of the issues listed above (as applicable), along with more-specific issues such as:

• Which spouse (if either) will continue living in the family home?
• How will the spouses divide their retirement accounts and other financial assets?
• Will the spouses pay off any of their debts during the divorce process?
• Which spouse will have primary custody? Or, will the spouses share equal parenting time?
• How will the spouses manage issues like college savings and child-related emergencies after their divorce?

These are just examples. When going through an uncontested divorce, the spouses must be careful to ensure that they address all of the issues involved. This is one of several reasons why each spouse needs to work with an experienced divorce lawyer who can help them make informed decisions with their long-term best interests in mind.

Timeline

The timeline of an uncontested divorce depends primarily on how long it takes the spouses to reach an agreement on all of the issues involved. Generally speaking, however, uncontested divorces take less time than contested divorces—and this helps limit the costs involved as well.

Which Option is Right for You?

So, which option is right for you? To decide whether you should pursue a contested divorce or an uncontested divorce, you should discuss your individual circumstances with an experienced divorce attorney. If you are ready to start the process, we invite you to contact us for more information.

Discuss Your Options with an Experienced Rock Hill Divorce Attorney for Free

To discuss your options with an experienced Rock Hill divorce attorney, contact us today. Call 803-328-8822 or request a free consultation online to schedule an appointment at a time that is convenient for you.