Navigating the No-Fault Divorce Process in South Carolina

In South Carolina, no-fault divorce is a relatively straightforward process. If you're considering a no-fault divorce, it's essential to understand the requirements and procedures involved. Here are the key steps to follow:

1. Filing the Petition: The first step in the no-fault divorce process is to file a petition with the court. This petition must include the names of both spouses, the grounds for divorce (in this case, irreconcilable differences), and a request for a divorce.

2. Serving the Petition: Once the petition is filed, it must be served on the other spouse. This can be done by a process server, a sheriff, or a private investigator.

3. Waiting Period: After the petition is served, there is a 90-day waiting period before the divorce can be granted. This waiting period gives the other spouse an opportunity to respond to the petition and contest the divorce.

4. Responding to the Petition: If the other spouse chooses to respond to the petition, they must file a response with the court within 30 days of being served. If they fail to respond, the court may grant the divorce by default.

5. Final Hearing: After the waiting period has expired, the court will schedule a final hearing to determine the terms of the divorce. At this hearing, the court will consider the parties' agreements regarding property division, child custody, and support.

6. Divorce Decree: After the final hearing, the court will issue a divorce decree. This decree will outline the terms of the divorce, including property division, child custody, and support.

It's important to note that no-fault divorce is not always the best option for every couple. If you're considering a divorce, it's essential to consult with an attorney to determine the best course of action for your specific situation.