Just How an Uncontested Divorce Could Possibly Impact People

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Within the state of South Carolina a divorce could be granted on either fault or no-fault grounds, and people occasionally confuse these phrases with "contested" and "uncontested." The fault grounds include adultery, habitual drunkenness or even narcotic drug abuse, physical cruelty, and desertion. Just because you file for a separation and divorce based on one of these fault grounds does not necessarily mean that the divorce process is being contested. It is the terms of the divorce that could be either contested or uncontested, not the real reason for the divorce. So you are able to file for a divorce under a ground of fault and it could be uncontested in the event that both people agree to the terms. At the same time, a no-fault divorce could be contested if the former couple can't agree to divorce terms.

 

The issues that need to be decided would be the division of shared property and mutually assumed debt, child custody, visitation, and support, and whether or not alimony or spousal support will be paid by one party to the other after the divorce is final. 

 

There are numerous reasons why it is advisable to figure out the terms on your own, and the court would very much prefer it if the divorcing couple can reach a voluntary agreement. This sentiment is so strongly held that the court will frequently order the divorcing couple to work with a third party mediator known as a "master" or "special referee" in order to figure out terms which are agreeable to both parties. You will need to keep in mind that you are able to divorce your partner, but you can't divorce him or her from the children you might have together. You will probably be interacting for the rest of your lives. Contested divorces generally lead to hard feelings, and this animosity is uncomfortable for the parents and potentially traumatic for the children, and this is a primary reason why the court would like to see as few contested divorces as possible. 

 

For those who have questions or concerns about a divorce proceeding, even if it might be uncontested, contact a Charleston SC military divorce lawyer to arrange for a free consultation. The best divorce lawyer Charleston SC will provide you with the help you'll need with all aspects of a Charleston SC divorce.