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Getting a divorce in South Carolina can be long and complicated. It is essential to understand what factors will play into the timeline of your divorce so that you can have realistic expectations for the length of time it will take. In this blog post, we’ll explore some factors determining how long your divorce takes.
Taking The Necessary Factors Into Account
Each couple that files for divorce can expect a different process from the next. Some couples may have extensive assets, while others have children to account for. Ultimately, factors such as these determine how long the divorce will take from filing to finalization.
How Many Assets Are Involved?
The amount of assets you and your spouse share will play a large role in determining how long it takes for your divorce to finalize. If you have a lot of shared assets—such as multiple properties or investments—the process could take longer than if fewer assets are involved. This is because both parties must assess each asset to determine its value and how it should be divided equitably between them.
Are There Children Involved?
If children are involved in the marriage, divorcing parents must also decide on matters such as custody, visitation rights, and child support payments. Both parties must agree upon all of these decisions before the court can sign off on the final agreement. This process can take anywhere from several weeks to several months, depending on the unique situation and how quickly both parties agree on terms they are comfortable with.
Can You Agree On A Final Agreement?
If spouses can develop an amicable agreement without involving lawyers or leaving decisions up to the court, then the process may move more quickly. However, if spouses cannot agree on certain issues—such as asset division or child custody—they may need help from experienced attorneys who specialize in family law to reach an agreement that both parties can accept. This can add extra time to the divorce timeline.
Expediting a South Carolina Divorce
While there may be certain factors that tack on time to your divorce process, you can still work towards getting results as fast as possible.
Check the Residency Requirement
The first step in getting an expedited divorce in South Carolina is to make sure you meet the residency requirement. At least one spouse must have lived in the state of South Carolina for at least one year before filing for divorce. You must also file your petition with the county family court where either spouse has resided for at least three months prior to filing.
Complete Your Paperwork
Once you’ve checked off all of the boxes on the residency requirement, the next step is to complete all of your paperwork. To file for a divorce in South Carolina, you must fill out and submit a Complaint for Divorce form and other required forms such as a Financial Declaration or Domestic Relations Financial Affidavit. The goal is to gather all relevant information and documents so your case can move forward as quickly as possible. It’s important that all documents be filled out accurately and completely since any errors can delay your case even further.
Look into Mediation Services
If both parties are open to it, pursuing mediation services may be another option for an expedited divorce in South Carolina. This process involves using a mediator to help both parties reach an agreement outside of court – typically much faster than if they were negotiating through their attorneys. Going this route may require both parties to give up some rights, but it does offer an opportunity for couples wanting a more peaceful resolution instead of fighting out details in court. However, it’s important to note that mediation isn’t always successful and could take longer than a traditional court-based approach if not handled properly.
Contact An Attorney
Several factors can affect how long it takes for a couple to get divorced in South Carolina, including but not limited to: the number of assets involved, the presence of children in the marriage, the ability to reach an agreement outside of court proceedings, etc. Ultimately, every situation is unique, so speaking with a qualified lawyer who specializes in family law would be advisable if you want a better understanding of what kind of timeframe you should expect during your own experience with getting divorced in South Carolina.
The team at Horton & Associates, LLC is here to help you. Contact our team for assistance today.