Whether the decision to get divorced is yours, your spouse’s, or mutual, it is an emotional process that leaves people with questions about what comes next, including “How much does divorce cost in South Carolina?” The cost of getting a divorce can change from one situation to the next. One factor is whether you and your soon-to-be-ex agree on the legal issues or not. Additionally, separations where the parties have complex assets may take longer to resolve, which can increase the cost.
If you’re thinking about filing for divorce or have been named as a defendant in a divorce action, Turner Family Law in Greenville, SC, can help you with your next steps.
What Factors Influence the Cost of Divorce in South Carolina?
Divorce costs vary from one case to another. Alternative dispute methods like an uncontested divorce, collaborative divorce, and the use of mediation may cut down the time and funds spent towards getting a divorce in South Carolina. Some of what affects legal fees in a divorce include the complexity of your situation and what avenue you use to settle your dissolution of marriage.
Some of the most influential factors for the cost of a South Carolina divorce include the inability to agree on important issues such as:
- Alimony
- Child custody
- Division of property
- Substantial assets to be divided in the divorce
- Allegations of neglect or abuse
- Whether or not the divorce is filed on fault or no-fault grounds
Fault-based grounds require the individual making the claim to bring evidence that supports the fault allegations. This can require more of your lawyer’s time to prepare and present a case. An attorney can help you understand the divorce cost factors in SC and how these might impact your legal expenses.
Contested vs. Uncontested Divorce
Contested divorces are when the parties don’t agree on the important issues in the case. For example, they may be on different pages about the need to end the union, how to divide their property, or how to handle child custody. Contested divorces tend to be more expensive because it can take more time and resources to reach a resolution. A contested divorce attorney in SC can help people to efficiently and effectively end their marriages.
Uncontested divorces are where the parties agree on the essential issues needed to legally end the marriage. The uncontested divorce cost in South Carolina may be lower than for contested situations because there are fewer matters the parties need to resolve in court.
Legal Representation and Attorney Fees
While you can take a do-it-yourself approach when filing for divorce, working with a lawyer sets you up to have an experienced professional guide you through the entire process. Any family court matter can be very complex and emotional, and the results have a significant and long-term impact on you and your family. This makes it extremely important to understand all of your rights and opportunities when filing for divorce in South Carolina.
Most family law attorneys charge on a retainer basis. This means taking an upfront amount of money from you and billing hourly against it. This is very common with divorce attorneys in South Carolina because of the variation in the time required from one case to another. Once you have your initial consultation with Turner Family Law, we can review your case and help you understand our possible strategy and the anticipated cost.
Mediation or Alternative Dispute Resolution
Alternative dispute resolution and mediation are other ways for people to help lower the divorce costs in SC. In these situations, the parties can meet with a neutral third party outside of court and discuss some of the legal matters involved in the divorce. The goal is to reach a conclusion in this structured setting rather than having to go to court.
Divorce mediation in South Carolina is suitable for people who are amicable with one another and able to work with each other to find solutions. South Carolina law may require some people to go to mediation if the divorce is contested or the judge thinks they can benefit from this structured setting.
Filing Fees and Court Costs
The cost to initiate a divorce in South Carolina includes paying filing fees and court expenses. The South Carolina divorce filing fees are set by the state and can vary by county. For example, the Greenville County or Charleston County courts may set their own filing fees each year. Other court costs for divorce in SC may apply, such as if a guardian ad litem is appointed to assist with child custody determinations. Those fees are paid to the Family Court and do not include the time your lawyer will need to prepare for your filing and hearings.
Your initial divorce petition may include an additional fee if either of the parties demands a temporary hearing. In some circumstances, you may be eligible to avoid the filing cost of a divorce by filing a Motion and Affidavit to Proceed In Forma Pauperis. The sheriff’s office service fees and filing fees may be waived if the court grants your waiver request.
Is an Uncontested Divorce More Affordable?
In many situations, an uncontested divorce may be more affordable than a contested divorce. That’s because people can cut down on the time needed in court by settling matters amongst themselves and attending mediation, if appropriate.
However, some people may choose this route to try to get a cheap, uncontested divorce in SC. That said, they may end up rushing through the paperwork or not reading through it carefully before signing. As a result, they may make things more challenging for themselves later on. People seeking an affordable divorce in South Carolina may benefit from working with a seasoned lawyer, even if they and their spouse agree on matters.
Will My Spouse Have to Pay My Legal Fees?
One common consideration for any party recently named in a divorce or filing for divorce is whether or not the other spouse can be required to pay your legal fees. There are specific circumstances under which a judge may rule that the opposing party shall be responsible for paying your attorney’s fees. However, you do not want to rely on this, as these legal fees may not be paid until much later in the case.
It’s far better to sit down with an experienced South Carolina divorce attorney at the outset of your family court proceedings to discuss some of the key factors that may influence the overall cost.
How Long Does Divorce Take in South Carolina?
Many people want to know how long divorce takes in SC. The time it takes to settle a divorce case depends on many different factors. If the parties do not have a complicated marital estate, or they agree on matters, the legal process of divorce may take less time. In contrast, if the parties have children and are on different pages about how to split assets or child custody, the dissolution of marriage may take longer.
In general, the more time it takes to get a divorce decree, the higher the cost. That said, it may be better for the parties to focus on resolving the issues appropriately and with sound legal advice. If they try to rush the South Carolina divorce timeline to save costs, they may end up with agreements that do not fit their situation or are unfair.
Ways to Keep Divorce Costs Manageable
There are strategies for how to reduce divorce costs in SC. One way is to try to communicate openly with your spouse about the legal issues, like child custody, property division, and alimony. This can help reduce misunderstandings and the need to have duplicate conversations about the same issues.
Another way to save money on legal fees in a divorce is to hire an attorney on a limited scope basis. For example, let’s say you and your spouse agree on some aspects of splitting assets but not on other issues. In that case, you can work with an attorney to sort through the matters you don’t agree on.
Frequently Asked Questions About Divorce Costs in SC
Can I get a divorce in South Carolina without a lawyer?
Yes. You do not need an attorney to file for or get a divorce in South Carolina. However, a lawyer is a valuable resource who can help you write up agreements that protect your rights going forward.
Are court fees the same in every SC county?
No. Each county sets its own court cost schedule, and they update these filing fees every year.
Who pays legal fees in a South Carolina divorce?
It depends. In some situations, each party pays its own legal fees. However, sometimes the court may order one person to pay both parties’ legal fees.
Is mediation required before going to court?
Sometimes. South Carolina law requires that some couples go to mediation as part of the divorce process.
Speak with a South Carolina Divorce Attorney About Your Situation
While you are allowed to represent yourself in divorce, it’s not advisable, especially if your spouse has hired legal representation. The decisions made during a divorce proceeding affect your finances, your living situation, and your relationship with your children.
Ensuring that you have someone in your corner advocating for what’s best for you is very important. Sitting down with a family lawyer at or before the start of any family court matter to discuss your goals and your concerns can help you navigate this major change in your life.
If you’re facing a contested or complex divorce in Greenville, SC, contact us at Turner Family Law to get legal guidance on divorce costs and get personalized support with your case. Call 864-778-2734 today to consult a South Carolina divorce lawyer you can trust.
