What Is an Uncontested Divorce?
In South Carolina, a divorce is considered uncontested when both spouses agree on all major issues, including:
- Custody and parenting time
- Child support or alimony
- Division of property and debts
Uncontested divorces are generally faster and less expensive than contested cases, but that doesn’t mean they’re without pitfalls.
Filing Without a Lawyer: The Risks
Technically, South Carolina law allows you to file an uncontested divorce without an attorney. However, many people in Lexington find the process harder than expected. Common issues include:
- Incomplete paperwork that causes delays.
- Mistakes in agreements that don’t reflect your intentions.
- Overlooking legal rights, especially with custody, support, or property.
- Court rejection if requirements aren’t met.
How a Lawyer Can Help in an Uncontested Divorce
Even in cooperative divorces, an attorney can make the process smoother by:
- Preparing or reviewing agreements to ensure they’re enforceable.
- Filing documents correctly with the Lexington County family court.
- Attending the short hearing with you.
- Protecting you from unintended consequences that could resurface later.
For example, errors in dividing retirement accounts or failing to include certain assets can lead to costly disputes years down the road.
When Hiring a Lawyer Makes the Most Sense
Consider working with an attorney if:
- You share children and need a clear custody or support plan.
- You own a home, business, or retirement accounts.
- You want to ensure the agreement is final and won’t be challenged later.
- You simply want peace of mind during the process.
Quick FAQs
Can I file an uncontested divorce in South Carolina without a lawyer?
Yes, but mistakes in paperwork or agreements can cause delays or long-term problems.
How long does an uncontested divorce take?
With proper paperwork and the one-year separation requirement, it can move quickly — often just a few months after filing.
Is hiring a lawyer required by law?
No. But having legal guidance helps avoid mistakes that could cost more than the lawyer’s fee.
If you’re considering an uncontested divorce in Lexington, you don’t have to go through it alone. Call The Farley Law Firm today to schedule a confidential consultation and make sure your agreement is done right the first time.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your specific case.