Types of Divorce in South Carolina

We examine all options

At The Bleecker Law Firm, LLC, our divorce lawyers in Charleston recognize that every couple faces unique issues in their divorce. While some situations are highly emotional and contentious, many can be resolved through cooperative efforts with less stress—and less expense. We give each case the personal attention needed to identify the type of divorce that achieves a fair settlement with undue stress or expense.

Uncontested divorce

When couples are in full or even partial agreement on the terms of their divorce, a Charleston uncontested divorce can be a good solution.  This type of divorce generally involves using a form of mediation to come to agreement prior to taking the case to court.  By reducing the courtroom process to a basic administrative procedure where the judge simply reviews the terms prior to approval, both court costs and stress levels are reduced—and the children are likely to benefit from the ability of the parents to work as a team throughout any type of uncontested divorce.

Collaborative divorce

Collaborative divorce in Charleston may be the friendliest and most unusual type of divorce because it addresses both the practical and emotional needs of both spouses as part of the process. In a collaborative divorce, a team is formed to attend a series of meetings to iron out the terms of the divorce.  Naturally, the team includes both spouses, who must be strongly committed to the process. They are represented by one or two divorce attorneys who have undergone legally-required training in collaborative law.

The team in a South Carolina collaborative divorce also includes whatever specialists are required to resolve the unique issues of each couple. Specialists can include financial experts, couples therapists, and child psychologists, and any experts who can help couples push through any areas of contention along the way.

The importance of the strong commitment of the spouses cannot be overemphasized—if spouses cannot reach full agreement in a collaborative divorce, they must achieve their divorce through an alternative method. In this case, their lawyers are required by law to resign from the case, leaving the couple to completely start over.

Contested divorce

Unfortunately, not all couples are able to reach basic agreement to the terms of their divorce. These couples need a contested divorce. In South Carolina, a contested divorce requires that both parties go to court to allow a judge to make the decisions required to allow them to begin separate lives. After hearing arguments and reviewing evidence and other information, the judge uses state guidelines to arrive at terms that are in the best interests of the children, and then are as equitable as possible for both spouses.

Contact The Bleecker Law Firm, LLC today to discuss your family law, divorce, mediation, child custody and related probate litigation questions. Our lawyers assist clients in Charleston and throughout South Carolina.  Our law firm practices in all South Carolina family courts.