If you are going through a divorce in South Carolina, you are probably looking forward to getting it over with and moving on with your life.
However, divorce can be a long and complex process, and the length of time it takes will depend on each couple’s situation. If you are wondering how long your divorce case will take, you should seek the assistance of a divorce lawyer in Columbia at Melone Hatley P.C.
What Factors Can Impact How Long Your Divorce Will Take?
When it comes to divorce, there is no one-size-fits-all approach, and there are rarely simple answers. Each situation will depend on the couple involved and their unique issues and challenges. You can also learn more about how to prepare for your South Carolina divorce.
Some of the issues that could potentially impact the timeline of your divorce in South Carolina include:
- Whether you have fulfilled your residency requirements
- What grounds you have used to file for divorce and if a separation or waiting period is required
- Whether you are pursuing a contested or uncontested divorce
- The financial complexity of your case
- Any disputes that will need to be resolved
- The level of cooperation between you and your spouse
- Whether you will need to go through mediation before your trial
- Court schedules and backlogs
- The experience and skill of your family lawyer in South Carolina
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South Carolina Residency Requirements
Before you can file for divorce in South Carolina, you must have established residency to give the state jurisdiction over your case. If both you and your spouse live in South Carolina, that requirement is three months.
But if one of you does not live in the state, one spouse must have lived in South Carolina for at least a year before you can file for divorce.
Fault or No-Fault Grounds for Divorce in South Carolina
South Carolina recognizes both fault and no-fault grounds for divorce. What grounds you use to file for divorce will impact how long your divorce might take.
Fault-Based Grounds
If you are divorcing because of one party’s misconduct, you will file for divorce using fault-based grounds. In South Carolina, these include adultery, desertion, physical cruelty, and habitual drunkenness or drug use. In a divorce using fault-based grounds, there is no waiting period, and the process can begin immediately.
The only waiting period is a 90-day minimum waiting period before a final hearing can be requested. However, proving fault requires evidence that must be presented to the court. Litigation and court involvement will extend the timeline of your divorce.
No-Fault Grounds
If you and your spouse are pursuing a no-fault divorce in South Carolina, the only requirement is that you must have lived separate and apart from each other for at least one year, according to South Carolina Code of Laws § 20-3-10.
However, a no-fault divorce will not require the time-consuming act of gathering evidence to prove one party’s marital misconduct or litigating the divorce in court.
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Contested or Uncontested Divorce
If you and your spouse agree on all your major issues, such as the division of your property, the custody and support of your children, and whether alimony will be part of your divorce terms, there won’t be disputes to resolve. With an uncontested divorce, you will only need to meet the residency and separation period requirements.
However, your divorce will be considered contested if you and your spouse cannot agree on these issues. A contested divorce often requires time-consuming negotiation, discovery, mediation, and court litigation.
Navigating disputes and the time it takes to negotiate a resolution can cause significant delays in your divorce process. Contested divorces can take months and sometimes longer, depending on the case’s complexity, your ability to cooperate and compromise, the court’s schedule, and other factors.
Child Custody Disputes
Child custody disputes are some of the most common points of contention in a divorce case. If you and your spouse cannot agree on issues related to child custody and visitation of your children, it will affect your divorce timeline.
South Carolina family courts typically mandate mediation when parents cannot agree on a custody arrangement. A mediator’s goal is to find a mutually agreeable solution regarding physical and legal custody, visitation schedules, and other issues related to the child’s upbringing in a series of mediation meetings.
If an agreement cannot be reached, the court will make custody decisions for you based on the best interests of the child. This may involve additional court hearings, presentation of evidence, and legal proceedings.
Each hearing will add more time and court costs to the divorce process. Furthermore, in high-conflict custody cases, the court may order a custody evaluation by a mental health professional or guardian ad litem, which can take several months to complete.
Property Division Disputes
The fair division of your marital property will be a key issue during your divorce process. South Carolina follows the equitable distribution model of dividing marital property, but this is rarely a 50/50 split.
If you and your spouse can agree to what you think a fair division of your property is, the court will generally accept your decision unless it looks especially unfair to one partner. But if you cannot agree and the court must make the decision for you, it will consider multiple factors in the equitable distribution process.
These factors include the length of your marriage, the income and earning potential of both spouses, the physical and emotional health of both spouses, and child custody and expenses. The more decision-making intervention required by the court, the longer a divorce can take.
Financial Complexity
The financial complexity of your assets and debts can also seriously impact the length of the divorce process. Assets and debts must be valued to ensure that both you and your spouse get a fair share of your marital property.
If you own valuable or complex assets, such as real estate, investments, retirement accounts, or businesses, the valuation of your property might require professionals. These could include appraisers, financial experts, or forensic accountants to ensure that all assets are properly accounted for.
If your spouse is uncooperative or you suspect they may be hiding assets or engaging in other financial misconduct, the discovery process may be prolonged by the need for depositions, interrogatories, or motions to compel the release of particular documents.
Furthermore, dividing complex assets can have tax consequences for either spouse. Consequently, tax professionals or other financial experts may need to be consulted to ensure that property distribution is completed in a tax-efficient manner.
Alimony Disputes
Alimony, aka “spousal support,” is one of the most highly-contested issues in many divorces. Even if you and your spouse agree that alimony is necessary, it may take time to reach an agreement regarding the amount and duration of these payments.
As in all other matters concerning divorce, when spouses cannot agree on alimony terms, the court may have to make the final decision.
Disputes and financial complexities are common reasons divorce takes the time it takes. While no-fault and uncontested divorces may still require a mandatory separation period, contested divorces requiring discovery, mediation, negotiation, hearings, and a court trial can drag on for months to over a year or more in some cases.
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How Can the Quality of a South Carolina Family Attorney Potentially Streamline Your Divorce?
If you are navigating a divorce in South Carolina, especially a contested one, getting skilled legal representation will be critical. Your family attorney will not only guide you in this complex legal terrain but also ensure that your case is handled correctly and efficiently.
While many things affecting your divorce’s timeline may be out of your attorney’s control, there are many ways that high-quality legal representation can make your divorce less time-consuming and more efficient.
A highly skilled South Carolina family lawyer should:
- Properly prepare and file your legal paperwork promptly, avoiding delays and missed deadlines.
- Have an expert understanding of South Carolina family law and procedures, ensuring you get tailored legal advice based on your specific situation.
- Be in constant compliance with deadlines for petitions, responses, and motions.
- Have effective negotiating skills to settle disputes, diffuse conflict, enable mutual agreements on key issues, and reduce the need for prolonged court involvement.
- Be able to navigate and manage complex financial situations.
- Have access to financial experts such as appraisers or forensic accountants to ensure assets are valued correctly and divided fairly.
- Have the ability to assertively navigate emotionally sensitive issues such as child custody, parenting plans, and child support while avoiding further conflict.
- Advocate for your parental rights while balancing the court’s priority on the child’s best interests.
Having strong legal representation is one of the most effective ways to ensure an efficient divorce process in South Carolina and minimize court involvement, potentially expediting the process.
Schedule a Free Consultation with the Trusted South Carolina Divorce Lawyers at Melone Hatley, P.C., Today
The experienced Columbia, SC, family lawyers at Melone Hatley, P.C. are committed to providing our clients with the highest-quality legal services possible. We are here to present all your options and provide honest legal guidance to ensure your best possible outcome, considering your individual situation.
If you are considering a divorce in South Carolina, let us help. Call us directly at our office or contact us online to schedule a free consultation.
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