Divorce in York County, SC: Grounds, Timelines, Costs, and What Actually Happens (2026)

Divorce in York County, SC: Grounds, Timelines, Costs, and What Actually Happens (2026)

by | Jul 22, 2026 | Divorce Lawyer

Divorce & Family Law — Rock Hill, SC

South Carolina recognizes five grounds for divorce under S.C. Code § 20-3-10 — four fault grounds plus one year of continuous separation — and York County cases are filed at the Family Court at 1555 West Main Street in Rock Hill, with a $150 filing fee. Filings on the adultery, physical-cruelty, or habitual-intoxication grounds face a 90-day minimum wait, and contested cases must complete mandatory 16th Judicial Circuit mediation before trial.

Updated July 2026 · about 9 min read

If you are thinking about divorce in Rock Hill, Fort Mill, Tega Cay, or anywhere in York County, you are probably carrying two kinds of questions at once: the legal ones — what are the rules, how long will it take, what will it cost — and the personal ones that keep you up at night. This guide answers the legal ones plainly, the way we would explain them across a desk.

Key points:

  • South Carolina has five grounds for divorce: adultery, desertion for one year, physical cruelty, habitual drunkenness or narcotics use, and the no-fault ground — one year of continuous separation.
  • Separate bedrooms do not count. The one-year separation clock only runs while you live under separate roofs.
  • York County divorces are filed at the Family Court at 1555 West Main Street in Rock Hill — not at the Moss Justice Center in York, which handles other court business.
  • South Carolina divides property by equitable apportionment — fair, not automatically 50/50.
  • Adultery is an absolute bar to alimony — and that includes a new relationship begun after separation but before a signed settlement agreement or a permanent order of separate maintenance is in place.

The Five Grounds for Divorce in South Carolina

Under S.C. Code § 20-3-10, a divorce must rest on one of five grounds: adultery, desertion for one year, physical cruelty, habitual drunkenness or narcotics abuse, or one year of continuous separation — the state’s only no-fault ground.

Three of the fault grounds — adultery, physical cruelty, and habitual drunkenness or narcotics abuse — let you file right away, without waiting out a separation year. Desertion is the exception: by definition, it only becomes a ground after a full year of unjustified absence has already passed. And fault must be proven — a spouse facing a fault allegation will often fight it hard, because fault can shape alimony and property outcomes. Adultery, for example, does not require direct proof — courts accept circumstantial evidence showing both a romantic inclination and the opportunity to act on it.

The no-fault route is the most common path in York County. It requires that you and your spouse live separate and apart, without cohabitation, for one continuous year. Two things trip people up:

  • Separate bedrooms under one roof do not qualify. The law requires genuinely separate residences for the full 365 days.
  • Reconciling resets the clock. If you move back in together for a while and it doesn’t work out, the one-year period starts over from the new separation date.

Who Can File Here: Residency and Venue

South Carolina’s residency rules, set by S.C. Code § 20-3-30, depend on where both spouses live: if only one spouse lives in South Carolina, that spouse must have lived here at least one year before filing; if both spouses live in the state, three months is enough.

There is also a practical question of where the case belongs — venue. In general, a divorce is filed in the county where the defendant lives, or the county where you last lived together as a married couple — and if the defendant lives out of state or cannot be located, you may file in your own county. So if you live in Rock Hill and your spouse has moved across the state line to Charlotte, York County is still the proper venue.

Active-duty military members stationed in South Carolina get a specific accommodation: continuous presence in the state for the required period satisfies the residency requirement, even without an intent to stay permanently.

Filing in York County: Where, What, and How Much

York County Family Court cases are filed and heard at 1555 West Main Street, Rock Hill, SC 29732. The statewide filing fee is $150, payable to the Clerk of Court by cash, check, or money order.

A few local realities worth knowing before you drive anywhere:

  • The Clerk of Court’s main office sits in the Moss Justice Center at 1675 York Highway in York — but Family Court filings and hearings happen at the West Main Street location in Rock Hill. Showing up at the wrong building is one of the most common first-day mistakes.
  • The initial paperwork is a specific set of state forms: the Family Court Cover Sheet (SCCA 467), the Summons (SCCA 400.01), the Complaint (SCCA 400.02), and — in every case involving money or property — the Financial Declaration (SCCA 430).
  • If you cannot afford the filing fee, you can ask the court to waive it by filing an Affidavit of Indigency (SCCA 405F).
  • Attorneys e-file in some York County courts, but self-represented Family Court litigants should generally expect to file on paper. The state does publish free Self-Represented Litigant packets for simple, uncontested divorces.

After filing, your spouse must be formally served and has 30 days to answer. In most contested cases the next meaningful event is a temporary hearing, where a judge — working from sworn affidavits rather than live testimony — sets interim rules for custody, support, and who stays in the house while the case proceeds.

How Long a South Carolina Divorce Takes

Under S.C. Code § 20-3-80, no divorce can be granted less than 90 days after filing on the adultery, physical-cruelty, or habitual-intoxication grounds — but a divorce filed on one-year separation or desertion can be finalized as soon as the pleadings are complete, because the underlying year has already run.

Three timelines govern the pace of every York County case:

  1. The 90-day minimum applies to filings on adultery, physical cruelty, or habitual drunkenness/narcotics — the grounds where no year has had to pass first.
  2. The already-waited exception: if you file after a full year of separation — or on the desertion ground, which itself requires a year — the court may hold the final hearing without an additional waiting period.
  3. The 365-day benchmark: South Carolina’s courts require a request for a final hearing within a year of filing, or the case faces administrative dismissal. In practice this forces even bitter cases to keep moving.

An agreed, no-fault divorce can wrap up within a few months of filing. A contested case — with discovery, temporary hearings, and mandatory mediation — is a longer road, and that road is measured in months to a year or more, not weeks.

Dividing What You Own: Equitable Apportionment

South Carolina is an equitable apportionment state under S.C. Code § 20-3-610 — the Family Court divides marital property fairly based on statutory factors, which does not necessarily mean an equal 50/50 split.

The court first sorts everything into two buckets:

  • Marital property — generally everything acquired during the marriage, regardless of whose name is on the title: the house, vehicles, retirement accounts, a business built during the marriage.
  • Nonmarital property — what you brought into the marriage, plus inheritances and third-party gifts received individually.

The line between the two can blur. An inheritance kept in a separate account stays nonmarital; the same inheritance deposited into the joint account that pays the mortgage and the groceries can become transmuted into marital property and divided with everything else.

Once classified, the marital estate is divided by weighing the fifteen factors in § 20-3-620(B) — the length of the marriage, each spouse’s income and earning potential, contributions as a homemaker, marital misconduct, and more. Retirement accounts have one extra wrinkle: dividing a 401(k) or pension requires a Qualified Domestic Relations Order (QDRO), a separate legal instrument that divides retirement money without the early-withdrawal penalty that would otherwise apply — ordinary tax treatment still depends on how the receiving spouse handles the funds.

Alimony — and the Adultery Bar

S.C. Code § 20-3-130 gives the Family Court five forms of spousal support — periodic, lump-sum, rehabilitative, reimbursement, and separate maintenance — but proven adultery is an absolute bar: a spouse who committed adultery cannot receive alimony in South Carolina.

The adultery bar is one of the strictest rules in American family law, and it has a trap built into it. The bar covers adultery committed before a signed written settlement agreement or a permanent order of separate maintenance is in place. That means a spouse who starts a new relationship after moving out — but before anything is signed or ordered — can forfeit alimony entirely. If support matters to your case, this single rule should shape how you conduct yourself during separation. The only recognized outs are narrow — condonation (the innocent spouse forgave the conduct) and recrimination (both spouses committed similar misconduct) — and South Carolina courts read both strictly.

For the paying side, periodic alimony ends at either spouse’s death, at the supported spouse’s remarriage, or upon the supported spouse’s continued cohabitation with a romantic partner for 90 consecutive days.

Children: Custody and Child Support

South Carolina custody decisions are governed by one standard — the best interest of the child — and child support is set by the state’s Income Shares Model, which combines both parents’ incomes and allocates the obligation proportionally.

The court weighs each parent’s fitness, the child’s circumstances, and — with weight appropriate to age and maturity — the child’s own reasonable preference. A documented history of domestic violence is taken seriously in this analysis. In hard-fought cases, the court appoints a Guardian ad Litem — an independent investigator whose report on the child’s best interests carries real weight — and both parents submit detailed parenting plans.

Child support starts with a formula: combine both parents’ gross monthly incomes, find the guideline obligation, and split it in proportion to income. The final number then adjusts for real-world costs — health insurance premiums, extraordinary medical expenses, work-related childcare — and for how parenting time is shared.

Mediation Is Mandatory in the 16th Circuit

Before any contested divorce in York County can reach a final trial, South Carolina’s court-annexed ADR rules require the parties to attempt mediation — a confidential, structured negotiation guided by a neutral mediator.

Private family-law mediators typically charge in the range of $250 to $400 per hour, with the cost usually split equally between the spouses. The mediator cannot force a settlement, but participation in good faith is required — skipping a court-ordered mediation can mean contempt. In practice, many York County cases settle at or after mediation — and settling keeps decisions about your children and your finances in your hands instead of a judge’s.

What a Divorce Really Costs

The court’s filing fee is $150 — but the real cost is driven by conflict: uncontested South Carolina divorces commonly run $1,500 to $3,500 in flat attorney fees, while contested cases typically range from $10,000 to $30,000 or more.

Contested litigation means hourly billing (commonly $200 to $500+ per hour in family law), plus the ancillary professionals a fight can require: a Guardian ad Litem, the mediator, appraisers, business valuators. Two things keep costs rational: an honest early assessment of what is actually worth fighting over, and South Carolina’s fee-shifting authority — courts can order one spouse to pay the other’s attorney’s fees, weighing each side’s resources, the results obtained, and marital fault.

“Legal Separation” Doesn’t Exist Here — This Does

South Carolina has no legal status called “legal separation” — you are married until a court says otherwise. What the law offers instead is an Order of Separate Maintenance and Support: a Family Court order that sets enforceable rules for custody, support, and payment of the bills while you live apart, typically during the one-year separation period. A verbal agreement to “handle things informally” is unenforceable the moment one spouse stops honoring it; a separate maintenance order has teeth.

Frequently Asked Questions

How long does a divorce take in South Carolina?

An uncontested, no-fault divorce can be finalized within a few months of filing, because the one-year separation satisfies the waiting requirement. Cases filed on adultery, cruelty, or habitual-intoxication grounds cannot be finalized sooner than 90 days after filing, and contested cases — with discovery, mediation, and a trial — commonly run many months. Courts also require a final-hearing request within 365 days of filing.

Can we divorce without being separated for a year?

Only on adultery, physical cruelty, or habitual drunkenness/narcotics grounds — and fault must be pleaded and proven. Desertion doesn’t skip the wait: it requires its own year of unjustified absence before it exists as a ground at all. Without fault, the one-year continuous separation is the only path.

Does living in separate bedrooms count as separation?

No. South Carolina requires genuinely separate residences for the entire year. Time spent “separated” under the same roof does not count, and reconciliation restarts the clock.

Does adultery really eliminate alimony?

As close to absolutely as the law gets: proven adultery bars alimony regardless of financial need, and the bar runs until a signed settlement agreement or permanent separate-maintenance order exists — so a new relationship started during separation can cost a spouse their support claim. The recognized defenses, condonation and recrimination, are narrow and strictly read.

Do we have to go to mediation?

In contested York County cases, yes — the 16th Judicial Circuit requires mediation before a final contested hearing. You cannot be forced to settle, but you are required to attend and participate in good faith.

Facing a Divorce in Rock Hill or York County?

Divorce law is full of one-way doors — the separation clock, the adultery bar, the difference between a signed agreement and a verbal one. The right time to understand them is before decisions get made for you. Our divorce and family law team has served Rock Hill and York County for decades, and no one will work harder for you. Call (803) 328-8822 or reach out online for a confidential consultation.

This article is general legal information, not legal advice, and does not create an attorney-client relationship. Laws change and every case turns on its facts. Consult a licensed South Carolina attorney about your situation.

SC Child Support Modification 2026: Substantial Change of Circumstance Rules

SC Child Support Modification 2026: Substantial Change of Circumstance Rules

by | Apr 16, 2026 | Divorce Lawyer

To modify child support in Rock Hill, SC, you must prove a “substantial change in circumstances,” such as a 20% shift in income or changes in the child’s health needs. As of 2026, the SC child support guidelines factor in shared-parenting overnights more heavily than previous iterations.

When you go through a divorce or separation with minor children in South Carolina, establishing child support is a necessary part of the process. Both parents have a legal obligation to financially support their children under South Carolina law, and establishing child support ensures that parents both: (i) know what is legally required; and, (ii) have the ability to enforce their legal rights if necessary.

But, while South Carolina law recognizes the important of establishing firm child support obligations, it also recognizes that divorced and separated parents’ circumstances can change over time. When a change in circumstances warrants a modification of child support, there are clear procedures that parents must follow to obtain a revised child support order from the appropriate court.

Substantial Change Criteria

To promote financial stability and prevent parents from requesting child support modifications simply because they would prefer to pay less or receive more, South Carolina law requires a “substantial change in circumstances” to warrant a request for modification. Proving a “substantial change” requires evidence that one parent’s financial circumstances have been altered to such an extent that the parents’ current child support arrangement is no longer fair to all parties. Some examples of possible substantial changes in circumstances include:

  • A significant shift in one parent’s income (either increase or decrease)
  • A remarriage resulting in additional children in one parent’s household
  • Additional child-related medical or educational expenses
  • Deployment for military duty
  • Incarceration of the parent who is paying child support
  • Loss of employment
  • Modification of the parents’ custody and visitation schedule

Again, these are just examples. If your circumstances have changed to such an extent that your current child support arrangement is no longer viable, it will be worth discussing your options with an experienced family law attorney. To avoid unnecessary financial strain, you should schedule a free consultation as soon as possible.

Income Shift Requirements

A significant shift in income is among the most common reasons for seeking a modification of child support. While South Carolina law does not define what constitutes a “significant” shift, the courts generally consider a shift of 20% or more to be significant enough to warrant a modification.

Again, this could be an increase or decrease. If your income has recently decreased (or if you have lost your job), or if you have learned that your former spouse or partner is making significantly more than he or she was when your current child support order was put in place, a petition for modification may be warranted. If you need to seek a modification based on a 20% or greater decrease in your income, you should bring any relevant documentation (i.e., your recent pay stubs or a letter from your employer) to your free consultation.

Rock Hill Modification Process

The process of seeking a child support modification in Rock Hill, SC, after a divorce or separation starts with filing the appropriate paperwork in the appropriate court. This is generally the family court that issued your current child support order.

After filing your petition for modification (and supporting financial documentation), you will need to serve a copy of the petition on your former spouse or partner. Following these preliminary steps, the court will schedule a hearing. At this hearing, both of you (or your respective lawyers) will have the opportunity to present your arguments for why your current child support order should (or shouldn’t) be modified; then, at the end of the process, the judge will decide whether a modification is warranted.

If you and your former spouse or partner agree that a modification is warranted, you can submit a written agreement for the judge’s approval. While divorced and separated parents have some leeway to craft a child support arrangement that fits their unique circumstances, all child support arrangements must ultimately comply with South Carolina law.

Importantly, this all assumes that your current child support order was issued by a South Carolina court as part of the divorce or separation process. If you have a child support order from the South Carolina Department of Social Services (DSS) or from a court in another state, different rules apply. An experienced Rock Hill child support lawyer will be able to help you in these scenarios as well.

Shared Parenting Math

While the parents’ financial circumstances are among the primary factors involved in determining child support obligations in South Carolina, the parents’ custody and visitation rights play a central role as well. In particular, whether divorced or separated parents have shared custody (defined as both parents having at least 110 overnight says per year) is a key factor for determining their respective financial obligations. If you are unsure whether you have shared parenting rights as defined by South Carolina law, your Rock Hill child support lawyer can review your custody agreement or parenting plan and then advise you accordingly.

Retroactive Support Rules

Can you retroactively modify child support in South Carolina? While this is a common question, the answer is a clear, “No.” Under South Carolina law, a modified child support order takes effect no earlier than the date on which the petition for modification was filed. If you are facing a substantial change in circumstances, this is another important reason to consult with an experienced lawyer promptly.

Request a Free Consultation with a Rock Hill Child Support Lawyer Today

If you need to know more about South Carolina’s rules for modifying child support, we invite you to get in touch. Our lawyers can assess your individual circumstances and help you make informed decisions about your next steps. To request a free consultation with an experienced Rock Hill child support lawyer, give us a call at 803-328-8822 or tell us how we can help online today.

Dividing 401ks and Crypto in SC Divorce: 2026 Asset Valuation Rules

Dividing 401ks and Crypto in SC Divorce: 2026 Asset Valuation Rules

by | Mar 17, 2026 | Divorce Lawyer

For many spouses, their retirement and cryptocurrency accounts are among the most valuable assets on the table in their divorce. These assets, like most others, are typically valued at their fair market value during the divorce process. But, the date of valuation can vary, and 401ks and crypto assets can qualify as one spouse’s “separate property” in some cases.

When going through a divorce in South Carolina, dividing the spouses’ marital assets is a key part of the process. Unless the spouses signed a prenuptial agreement, they will need to divide their marital assets in accordance with the state’s “equitable distribution” law. This law focuses on ensuring a fair distribution of assets under the circumstances of the spouses’ divorce—which may or may not be a 50/50 split.

Before divorcing spouses can divide their marital assets, they must first take two key steps: (i) they must identify their marital assets; and, (ii) they must value these assets appropriately. While obtaining a precise valuation isn’t strictly necessary with assets such as furniture and kitchen appliances, for 401ks and cryptocurrency accounts, assigning an appropriate value is an important step toward ensuring an “equitable” division.

How is a 401k Valued in a South Carolina Divorce in 2026?

As with all aspects of the divorce process, when it comes to valuing retirement accounts, divorcing spouses have two main options. They can either: (i) reach an agreement; or, (ii) ask a judge to make a decision for them.

When divorcing spouses are willing to work together, they have a significant amount of flexibility to find a path forward that works for them both. For example, when it comes to valuing 401ks, couples will often choose options such as:

  • Agreeing that their 401ks will be valued on the date of their divorce filing;
  • Agreeing that their 401ks will be valued on the date of their separation; or,
  • Agreeing to use the average value over a selected 30-day period.

Since the value of a 401k fluctuates daily, it generally won’t make sense to specify a dollar amount that each spouse will receive. Instead, divorcing spouses will typically specify the percentage that each spouse will receive at the end of their divorce. While this can make it difficult to effect an overall equitable distribution in some cases, fluctuations are typically small enough that this is not a major issue.

Keep in mind, while dividing spouses’ 401k accounts is an option, this is not necessarily the only option that is available. For example, divorcing spouses could agree that they will each retain their own retirement savings; or, they could agree that one spouse will keep his or her entire 401k in exchange for giving up other marital assets. Every couple’s situation is unique, and the key is to focus on achieving an overall equitable distribution under the circumstances at hand.

What if divorcing spouses can’t agree on the timing or method of valuation? In this scenario, they may ultimately need to take their dispute to court. In divorce litigation, each spouse (through his or her attorney) argues for his or her favored position, and then the judge renders a binding decision based on South Carolina law.

How is Cryptocurrency Valued in a South Carolina Divorce in 2026?

Due to its volatile nature, cryptocurrency can present some additional challenges during the divorce process. Fundamentally, the same considerations that apply to 401ks apply here as well. But, while 401k accounts typically do not experience wide fluctuations, cryptocurrency accounts can be worth significantly more (or less) in a matter of hours.

The accessibility of cryptocurrency assets also presents some additional considerations. While 401ks are typically managed by investment professionals, individuals can buy and sell cryptocurrency through apps like Coinbase, Kraken, and Robinhood 24/7.

With this in mind, one option for valuing cryptocurrency assets in a South Carolina divorce is to sell these assets for cash. This cash can then be distributed along with the couple’s other savings. Alternatively, divorcing spouses can agree to use one of the three methods listed above, or they can agree to use a different valuation method—as long as it ultimately leads to an equitable distribution.

Marital vs. Separate Assets: A Key Consideration in South Carolina Divorces

When dividing retirement and cryptocurrency accounts during the divorce process, there is another key factor that requires careful consideration: Do these accounts qualify as “marital assets”? Or, do they qualify as “separate assets” under South Carolina law?

While marital assets are subject to equitable distribution during a divorce in South Carolina, separate assets generally are not. A 401k or cryptocurrency account can qualify as one spouse’s “separate” property if:

  • One spouse owned the account prior to the date of marriage;
  • One spouse opened the account after the couple separated; or,
  • One spouse acquired the account by inheritance during the marriage (or by gift in the case of cryptocurrency). 

However, separate assets can also become marital assets (or become “mixed” assets) over the course of a couple’s marriage. For example, if one spouse owned a 401k before the couple’s marriage and continued to contribute to the account during the couple’s marriage, then only a portion of the account may be subject to equitable distribution. Or, if one spouse owned a cryptocurrency account before the marriage and continued to execute trades throughout the marriage, it is possible that the entire account could be treated as marital property if there is no way to distinguish pre- and post-marriage holdings.

These are just two of numerous possibilities. As with all aspects of the divorce process, making informed decisions about how to handle 401ks and crypto accounts involves working with an experienced divorce lawyer. If you are preparing for a divorce and would like to know more, we invite you to contact us for a free and confidential consultation.

Schedule a Free Initial Divorce Consultation in Rock Hill, SC

To schedule a free initial divorce consultation, contact us today. Call us at 803-328-8822, or contact us confidentially online and we will be in touch as soon as possible. 

Rock Hill Divorce Strategy: Contested vs. Uncontested Filing Requirements in South Carolina

Rock Hill Divorce Strategy: Contested vs. Uncontested Filing Requirements in South Carolina

by | Feb 1, 2026 | Divorce Lawyer

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.