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What is a Simple Divorce?
In South Carolina, there are five grounds for a divorce. Four of the grounds (adultery, habitual drunkenness, desertion for one year, and physical cruelty) are fault-based grounds. If you want to file based on one or more of these fault grounds, then plan for a more lengthy and complicated divorce.
The fifth ground allows couples to seek a "no-fault" divorce in South Carolina, which means neither spouse blames the other for the divorce. In a no-fault divorce, you do not have to prove any type marital misconduct for a judge to grant the divorce. Spouses only need to show that they have been separated for one year. However, even with a no-fault divorce, judges may still consider fault grounds when making decisions about other issues in the divorce, such as alimony and custody.
If you and your spouse are seeking a divorce based on separation (a no-fault divorce), you may be able to use what is known as the "simple divorce" process, but only if you meet a few other requirements, which are listed below. With the simple divorce process, if either spouse has been at fault in some way, those issues cannot be raised in the divorce proceeding.
Requirements for a Simple Divorce
To be eligible to file a simple divorce, you must meet the following requirements:
1.) You or your spouse has lived in South Carolina for at least one year before filing for your divorce, or you and your spouse both live in South Carolina and have lived there for at least three months before filing for divorce.
2.) You are filing for divorce based on the no-fault ground of one-year continuous separation, without living together at any point during that year.
3.) You have no marital property, and marital debt or you have reached an agreement on how to divide the marital property and or debt.
4.) You have no children with your spouse, and none are expected, or you have minor children together and have reached an agreement about custody, visitation and child support (and the child support agreement meets the minimum requirements set by South Carolina Child Support Guidelines).
If you do not meet all of the requirements, or you have questions about your case, we are still able to help. Please know the court is not allowed to answer questions about your particular case or your legal rights.
THE PROCESS
In the case of a relatively short marriage, with minimal marital assets and cooperative spouses, we are in most cases able to complete a simple divorce for approximately $1,500, including filing fees.
01
Step One
Make sure you and your spouse are willing to work together and meet the criteria above to qualify for the affordable "Simple Divorce." Even If you don't qualify, we can help you in representing complex cases.
02
Step Two
Schedule your free initial phone consult. Keep in mind the "Simple Divorce" program is geared towards couples who are willing to work together and are looking for an affordable way to cut ties.
03
Step Three
If you qualify, schedule your consultation by filling out your complete information and the best time to contact you. We will follow up with you within a few days or you can call our office at 843-638-1020.
Save Thousands! See If You And Your Spouse Qualify.
Divorce Is Stressful, But Doesn't Have To Be Expensive If You Qualify For A "No Fault" Simple Divorce.
Attorney Douglas MacNeille
Serving Bluffton & Hilton Head Since 1984
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10 Office Way, Suite 200 Hilton Head, SC 29928
info@ruthandmacneille.com
Tel: (843) 638-1020