Court Requirements in South Carolina Divorces
One of the most common questions Lexington couples ask is: “Will I have to stand before a judge to get divorced?” The answer is usually yes, but the number and type of hearings depend on your case.
South Carolina requires at least one court appearance in most divorces, even uncontested ones. The judge must review the paperwork, confirm residency, and ensure all legal requirements are met.
Uncontested Divorce: Fewer Court Visits
If you and your spouse agree on all issues — custody, support, and property division — your case may qualify as an uncontested divorce. In these cases:
- You typically attend one brief hearing.
- The judge reviews your agreement, hears brief testimony, and signs the final divorce order.
- This hearing often takes less than 30 minutes.
For many Lexington families, this streamlined process offers closure without a drawn-out court battle.
Contested Divorce: More Court Involvement
If you and your spouse cannot agree, your divorce is considered contested. That usually means:
- Temporary hearing: Early in the case, the court decides temporary custody, support, or who stays in the home.
- Mediation: Lexington County requires mediation in most contested cases before trial.
- Final trial: If no settlement is reached, the case goes before a judge who makes the final decisions.
Contested divorces can involve multiple hearings, and the timeline often stretches much longer.
Why Court Hearings Matter
Even in straightforward divorces, South Carolina family court judges serve as gatekeepers. Their role is to:
- Verify both spouses meet the state residency requirements.
- Confirm there are valid grounds for divorce.
- Ensure custody, support, and property arrangements are in the best interests of the child and comply with the law.
Judges in Lexington County take this responsibility seriously, which is why at least one court appearance is almost always required.
Quick FAQs
Can you get divorced in South Carolina without going to court?
In most cases, no. Even uncontested divorces require a short court hearing.
How long is a court hearing for divorce?
Uncontested hearings often last under 30 minutes. Contested cases may involve multiple, longer hearings.
Do both spouses need to attend court?
Yes, in most cases both must attend, though some uncontested hearings may allow testimony from just one spouse with supporting evidence.
Call to Action
Divorce doesn’t always mean a drawn-out courtroom battle, but most cases require at least one appearance. Call The Farley Law Firm today to schedule a confidential consultation and get guidance on what to expect in Lexington County family court.
Disclaimer
This information is for general education only and is not legal advice. Schedule a consultation to discuss your specific case.