You have just been served with divorce papers, what do you do next? You need to understand what to do after you’re served divorce papers in South Carolina. Divorce is a tough and emotionally wrenching process that most couples wish they didn’t have to go through it. In fact, most couples never expect to go through the process since after marriage they hope that only death will do them part.
It can be surprising for a spouse who has been served without notice. Your spouse out of the blues served you with divorce papers. Even if at this time you are likely shocked and emotional there are several steps that you need to take to start responding to the divorce order you have been served.
If after the divorce has been filed you and your spouse that it is best to agree to divorce through mediation and settle issues such as child custody, child support, spousal support, and property division by yourself you may need a divorce lawyer that will help you to work on the settlement. Afterward, both of you are supposed to sign the settlement agreement and submit it to family court in Greenville, South Carolina.
In the case where your spouse refuses to sign the agreement, it is necessary to get an experienced family law attorney to represent your issues in court.
On this page
Steps You Should After You Are Served With Divorce Papers
Below are some of the important things that you should do after you have been served with divorce papers.
Note When You Received the Divorce Papers
The first thing that you should do after you receive the divorce papers is to note the date when they are sent to you. The date when you receive the legal documents will determine your deadline for filing your response to the divorce order with the court. When you take too long to file a response with the court or miss important deadlines will end up impacting your case in a bad way and at times your legal rights will even be forfeited.
Go Through the Paper Work Sent to You
When the divorce paperwork is sent to you do not overlook it, take the time to go through the paperwork that you have received. As you go through the paperwork carefully analyze it and pick out what you agree with and what you disagree with. Ensure that you list down information such as financial records, photographs, witness statements, documents, and any other information that is likely to be used to refute their claims.
Check to See if There Is a Motion for Temporary Relief
It is possible for divorce paperwork to contain a motion for temporary relief or another motion and for that reason, it is important for you to check the paper summon and complaint so you can note if it has been attached there. Most of the time in South Carolina when divorce cases are being settled the attorney of the plaintiff asks the court for a temporary hearing so the court can decide on the important issues concerning the court such as spousal support, child support, parental responsibility, and other divorce issues.
When the paperwork is sent to you, you should verify the information sent to you so you ensure the hearing has been requested. You should do this as soon as possible because most of these motions will need you to act quickly as they have a very tight deadline.
Schedule a Consultation With an Experienced South Carolina Divorce Attorney
The most important thing that you should do during the process of divorce is to schedule a consultation with a Greenville divorce attorney so they can evaluate your case for you. When you are on the hunt for a family attorney, it is important to choose an attorney that has knowledge of South Carolina’s divorce process. At Greenville Family attorneys we work with clients and help them settle complicated and simple divorce issues.
Our experienced family lawyers are skilled mediators as well as skilled litigators. We want the best for you. If after evaluating your case we are of the opinion that the case can be settled in mediation we will advise you to settle the case in mediation. We would like for you to settle the divorce process as soon as possible so you can get back to life.
However, if after divorce mediation there is no reasonable marital settlement agreement as skilled litigators our team of experts is ready to aggressively defend your interest in court so we can get you the best possible outcome.
After hiring the right attorney for your case, they have the responsibility of drafting a response to the divorce complaint that you have received. The response should either deny or admit the allegations that have been against you. It is possible for your attorney to file a counterclaim. The counterclaim will contain a list of the relief that you would like to pursue during the case. Because timing is important you are required to file an answer within a 30 days period of time after you have been served.
Uncontested Divorce in South Carolina
In most states, you will generally find two types of divorces; these are uncontested divorce and contested divorce cases. An uncontested divorce is also referred to as a simple divorce. This is because in an uncontested divorce couples are able to agree to issues that lead to finalizing the divorce process.
Compared to a traditional divorce a simple divorce process is cheaper and faster. Oftentimes, couples opt for an online divorce service when it comes to finalizing their divorce. Even as they opt for the DIY solution they also have the option of getting help from professional legal representatives.
If you do not agree with your partner on more than one issue you may need to go through a contested divorce. A contested divorce is the only option where individuals cannot see eye to eye. This is the case unless individuals are able to reach an agreement along the way.
Most of the time a resolution happens with the help of lawyers. In the case where there is no resolution couples will have to go to trial where a family court judge will solve the dispute. Going to a divorce hearing will increase the time it will take to solve your divorce as well as the cost of your divorce.
What is Required for a Simple Divorce in South Carolina?
For you to be able to file for a no fault-based divorce in South Carolina there is more than one separation requirement that you are required to meet before taking a divorce action. However, a divorce on fault grounds is more complicated than a situation where there is no ground for divorce. Hence, the divorce action is easier if it’s a no-fault divorce and you can carry even carry out a DIY divorce online. Below are the requirements for divorce when the process is simple.
- Residency requirements. Before you file for a divorce in SC, it is necessary for you to have lived in the state for a period of at least 3 months. This is necessary as long as you both living in South Carolina. In the case where a spouse lives in another state, it is necessary for them to have lived in the SC for a period of one year before the divorce is filed.
- Separation for a period of one year. You need to meet the residency requirements for divorce, To qualify for the grounds of divorce when you are not blaming your spouse for any misconduct you need to have been through a year-long separation during the time of divorce filing. A no-fault-based divorce can be valid even if you are living in the same house but in separate rooms.
- You need to decide on how to divide debt and marital property.
- You should not have any minor children with your spouse or be expecting children with your spouse. If you have kids with your spouse you should have agreed on child support, visitation, and child custody issues.
If you are unable to agree on issues pertaining to divorce such as the division of assets with your spouse Greenville family attorneys can help. Where possible we recommend couples to go through mediation but if it is unavoidable we are always ready to represent you in court.
Contact Our Firm if You Have Been Served Divorce Papers
We want the best for you. We will give you instructions about divorce and inform you of notice of divorce proceedings as we update you throughout the entire process Give us a call so you can schedule an appointment. Our experienced Greenville family law attorneys will carry out an evaluation of your case and give you possible solutions, but the decision is all yours.
Our firm has been handling DUI and traffic offenses throughout the greater Chicago area for over 40 years. As a result of this, we know the community, the law, and the local court systems and judges. We have developed an extensive network of attorneys that are familiar with both the city and county courts in Cook County, Illinois.