Process for filing uncontested divorce in SC with signed separation agreement.

Question

I am looking to file for an uncontested divorce after being separated for three years. We have a signed separation agreement where both parties agree on all terms: no child support, no alimony, shared healthcare expenses for our child, equal division of holiday time, and rotating weekly custody. Could you guide me on the process and any necessary documentation needed in this situation?

James L. Arrasmith · Answer

To file for an uncontested divorce in South Carolina, you’ll need to submit several documents to the court. Since you and your spouse have a signed separation agreement, that document should be included in your filing, as it outlines all the agreed-upon terms. You will also need to fill out and submit the appropriate divorce petition forms, which can be found on the South Carolina Judicial Branch website or at your local court. 
 
Along with the separation agreement, you will need to submit a verification form, a marital settlement agreement, and potentially a proposed final divorce decree. These documents will explain the terms you both agreed to regarding custody, healthcare, and division of assets, which the court will review.  
 
Once you file, the court will review your documents, and a hearing may be scheduled. Since this is an uncontested divorce and both parties are in agreement, the judge will likely approve your separation agreement and grant the divorce. Be sure to double-check with your county’s court clerk for any specific local requirements.

Q: Process for filing uncontested divorce in SC with signed separation agreement.