What Is the Difference Between Contested and Uncontested Divorce?

Deciding to end a marriage can be heartbreaking, but in some situations, it is the best choice for a couple. The divorce process can be daunting, making you second-guess yourself at every step. When you and your spouse cannot agree on certain issues, you may feel more anxious about what to expect. Thankfully, our Gaffney family law attorneys are happy to guide you through the divorce process.

What is a Contested Divorce?

When a couple cannot agree on relevant issues related to the termination of their marriage, they must file for a contested divorce. A contested divorce will apply if a couple cannot agree on alimony, child support, property and asset division, child custody and/or visitation, or who will remain in the family home.

A contested divorce does have certain drawbacks, such as:

• Higher costs: Both parties must navigate discovery (formal exchange of information) and other pre-trial stages, possibly preparing for court.
• Increased stress: Each spouse must provide financial statements and records, which can impose a significant emotional toll.
• Longer process: Trial preparation may take several months, prolonging an already difficult situation.
• The court determines the outcome: Any issues the couple cannot resolve privately will be decided by the judge.

In most divorce cases, spouses will be required to participate in court-ordered mediation. During mediation, an impartial third party (mediator) will facilitate communication between a couple to resolve any disputes. A final hearing will be scheduled only if the couple cannot reach an agreement.

What is an Uncontested Divorce?

A couple may pursue an uncontested divorce if they agree on all issues. South Carolina allows no-fault divorce if the parties have lived separately for a continuous year in different homes, not just separate bedrooms. A witness must confirm this. While court involvement is minimal, couples submit a marital settlement agreement for approval.

There are numerous benefits to getting an uncontested divorce, including:

• Reduced stress: Couples who cooperate in resolving disputes often experience greater calm.
• Faster resolution: Minimal court involvement significantly accelerates the process.
• Reduced costs: Spouses incur lower attorney fees and court expenses, easing the financial burden.
• More control over the outcome: Couples directly decide divorce terms instead of leaving decisions to the court.

Is Living Separately for One Year Required in all South Carolina Divorces?

Living separately for 1 year applies to no-fault divorces, not to at-fault divorces. At-fault divorces in South Carolina include grounds such as:

• Adultery: Having sexual intercourse with someone other than your spouse.
• Desertion for at least one year: When a spouse leaves the marital home without cause or the other’s consent, and has no intent to return.
• Physical cruelty: Acts of violence or any acts that cause a spouse to feel endangered.
• Habitual drunkenness: A pattern of repeated and excessive use of alcohol or narcotics.

Which Type of Divorce is Right for Me?

Choosing the type of divorce depends on your relationship with your spouse. If both of you can come to a mutual agreement on the terms of your divorce, then an uncontested divorce may be the right option. Alternatively, if you and your spouse never seem to see eye to eye or if your spouse refuses to consent, you will need to file for a contested divorce.

At Parker & Bain, our Gaffney family law lawyers are ready to answer your questions and provide the guidance you need. For example, if you are thinking about getting a no-fault divorce (instead of on fault grounds), then you and your spouse will need to be living separately for at least one year. Knowing this can help you make plans to expedite the process.

Speak with Our Gaffney Family Law Lawyers Today

At Parker & Bain, we know how stressful divorce can be. If you and your spouse are considering it, our Gaffney family law attorneys would like to speak with you. Being informed of your rights helps you make the best decision for your family. To schedule a confidential consultation, contact us online or by phone at (864) 252-2650.