What You Should Know Before You Hire A Divorce Attorney In Charleston SC

by | Dec 5, 2023 | Law Services

A divorce is possibly one of the hardest life events in which you will participate, and you may need a Divorce Attorney in Charleston SC to guide you through it. It is an emotional process not only for you and your spouse but also your children. With legal representation, you may complete this process without major incident or trauma.

What is an Uncontested Divorce?

An uncontested divorce is a legal proceeding where you, and your spouse are on the same page in terms of the divorce agreement. This means you both have already discussed property division and child custody and come to a civil agreement. It does not mean, however, that at some point your spouse may not change his or her mind about this agreement. It means simply that you both have decided that you want the divorce.

Contested Divorce

A contested divorce applies to a divorce case if you or your spouse does not wish to file for a divorce or that there is not a solid agreement. You may both choose to undergo the divorce proceeding. However, it is classified as contested if you or your spouse are contesting some portion of the terms. The argument may be related to property division or shared items such as furnishings or electronics. Either way if you or your spouse do not agree upon the terms completely it is a contested divorce.

Duration of the Divorce

An uncontested divorce can become final after 30 days. The 30 days is the typical waiting period required by most court systems to ensure that neither party changes their mind about the divorce. After 30 days if the divorce papers are signed and submitted for a judge’s signature, the divorce is final.

However, a contested divorce could take up to several years to complete. The primary requirement in this type of divorce to become final is that both parties must agree upon the terms. In some cases, mediation is necessary to receive amicable division of property in a civil manner. However, a Divorce Attorney in Charleston SC will explain to the process in the event that your case goes to trial.

For more information visit Phipps Law Firm.

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