For something that happens to so many couples in the South Carolina each year, it might be surprising to learn that each divorce case is unique. The facts surrounding each divorce are specific to the couple seeking a separation. Some divorces are amicable, meaning that both parties know that the marriage is over and both are in agreement that they should go their separate ways. Other divorces are highly combatative, where the spouses fight bitterly about every single aspect of the divorce. In other cases, one spouse wants a divorce while the other does not. Just like each divorce scenario is different, there are different legal solutions to resolving the divorce and dissolving the marriage.
A contested divorce occurs when one spouse is uncooperative with the divorce proceeding. The reluctant spouse does not want to be divorced, and he or she may refuse to sign the divorce papers in order to exert control over the spouse seeking the divorce. Contested divorces are usually the most contentious type of divorce, and often these divorces end up in front of the South Carolina family court to be decided by a judge because the two spouses are incapable of agreeing on anything on their own. Any number of issues related to the divorce can be in dispute: division of marital assets, child custody or visitation, and spousal or child support. Because there is so much fighting between the spouses, and the court has to become involved, contested divorces are often long and drawn out and can be quite expensive.
Contested divorces can be lengthy because the divorce goes to trial. This means that the parties can engage in discovery, which means that each side can collect evidence to build their case against the other spouse. Both sides can request documents, interrogatories, and other evidence, and can also take depositions and other testimonial evidence and present it to the family court. When a request for discovery is made, the other party has 30 days to respond. If no response is made, then the requesting party can file a motion to compel discovery. Requesting discovery and filing a motion to compel discovery takes time and money.
For couples that are quite aware that their marriage is over, and are ready to be divorced, an uncontested divorce may be sought. Sometimes, even when the couple is only partly in agreement about the terms of the divorce, the couple is able to cooperate well enough to get an uncontested divorce. Uncontested divorcing couples are better able to work together at getting their divorce finalized and so they often utilize mediation to negotiate the terms of their divorce. This can keep the costs associated with the divorce low.
Contacting A South Carolina Divorce Lawyer
Divorce is a difficult thing for anyone to undergo. Whether your divorce is contested or uncontested, you’ll need an experienced divorce attorney by your side guiding you through the legal process of divorce. The professionals at Sarji Law Firm, LLC have many years of experience handling all manner of divorce, from the easy, cordial mutual agreement to dissolve the marriage to the highly contentious and bitterly fought contested divorce. Our team of experienced family law attorneys can help you deal with the issues you need resolved in your divorce. Please call us today at 843-323-4341.