Is a Hearing Required for an Uncontested Divorce in South Carolina

Many prospective clients have an idea that we can file some paperwork with the court and as long as everyone agrees with everything and wants a divorce that we won’t have to go to court and have a hearing.  In a South Carolina divorce case, even in an uncontested divorce case, you will be required to go to a final hearing.

The final hearing is where the judge will hear testimony from you and your witnesses about the grounds (or reason) for divorce and about any other issues such as a property settlement agreement or custody agreement.  It is the judge’s duty to ensure that the marriage cannot be saved and that no counseling would help reconcile you and your spouse.  The judge will also look at your agreements to make sure they are fair to both parties and in the best interest of any minor children born of the marriage.

In a typical uncontested divorce in South Carolina a final hearing will last between 10 and 15 minutes depending on how much information is needed to be put on the record.

Comments

  1. Hello,

    I need your advise please…

    Divorce court date is within 3 weeks, I can not afford a Lawyer to represent me in court, can I ask for the court date to be changed or does a layer needs to request that?

    Please advise, thanks.

    Rosa

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