Rock Hill, SC Uncontested Divorce Attorney

Divorce doesn’t always have to be a long and complicated process. If you and your spouse agree on major issues like asset division and child custody, you may be able to go through an uncontested divorce.

Divorce doesn’t always have to be a long and complicated process. If you and your spouse agree on major issues like asset division and child custody, you may be able to go through an uncontested divorce. At Barboza Law, we help couples in Rock Hill, SC, and surrounding areas through the uncontested divorce process with as little stress and conflict as possible.

What is an Uncontested Divorce?

An uncontested divorce is when both parties agree on all the key issues involved in ending their marriage. This includes:

  • How property and assets will be divided
  • Whether spousal support (alimony) will be provided
  • How child custody, visitation, and support will be handled

When there is agreement on these points, the divorce process becomes faster, less expensive, and more amicable. Instead of a lengthy courtroom battle, an uncontested divorce allows you to focus on moving forward.

The Benefits of an Uncontested Divorce

Choosing an uncontested divorce offers several key advantages:

  • Faster resolution: Since there are no contested issues, the divorce process can move quickly through the court system.
  • Lower costs: Without lengthy court appearances and legal disputes, the cost of an uncontested divorce is significantly lower than a contested one.
  • Less stress: By reaching an agreement with your spouse, you avoid the emotional toll of a drawn-out legal battle.
  • More control: Both you and your spouse have more control over the terms of your divorce, rather than leaving decisions in the hands of a judge.

How Barboza Law Can Help with Your Uncontested Divorce

At Barboza Law, we understand that even in an uncontested divorce, the legal process can still feel overwhelming. Our goal is to make the process as simple and straightforward as possible for you, while ensuring that your rights are protected, and all of the agreements are organized, comprehensive, and legally binding. Here’s how it works:

  • Filing the Paperwork: One spouse files the divorce complaint, citing the grounds for divorce, which in uncontested cases is often a one-year separation.
  • Agreement on Key Issues: Both parties must agree on important aspects like how to divide assets, debts, and any arrangements involving children.
  • Waiting Period: South Carolina requires a one-year separation before filing for divorce. After this, you can file the necessary paperwork.
  • Court Review: Once filed, the court reviews the settlement agreement to ensure it's fair and legally compliant.
  • Final Hearing: Both spouses attend a short court hearing, where a judge finalizes the divorce if everything is in order.

What Happens if Things Change?

Sometimes, couples start with an uncontested divorce but later find that disagreements arise. If this happens, Barboza Law is here to support you. We’ll help you through the changes and work toward a resolution. 

Contact Barboza Law for a Consultation

Ready to take the next step towards moving on? Contact Barboza Law today to schedule a consultation with our experienced divorce attorneys. Call us at (803) 973-6003 or fill out our online form to get started. Let us help you move forward with confidence and peace of mind.

Uncontested Divorce FAQs

How long does an uncontested divorce take in South Carolina?

While every case is different, uncontested divorces are usually finalized much faster than contested ones. If you’ve been separated for the required one-year period, the process in York or Lancaster County Family Court could take just a few months from filing to the final hearing. For example, a couple in Rock Hill who already agreed on property division and child visitation might have their divorce finalized in under 90 days after filing.

Do we both need to attend court for an uncontested divorce?

In most South Carolina uncontested divorce cases, both spouses need to appear in court for a brief hearing. This short appearance allows the judge to confirm that your agreement meets legal standards. For instance, a Lancaster couple with no minor children and a signed settlement agreement may be able to finalize their divorce in a single, 15-minute hearing.

Can we still have an uncontested divorce if we own property together?

Yes. Owning a home, cars, or other assets doesn’t prevent you from having an uncontested divorce as long as you both agree on how the assets will be divided. For example, a couple in Fort Mill might decide to sell their marital home and split the proceeds equally, while a Rock Hill couple may agree for one spouse to keep the home in exchange for other assets. The key is reaching a fair and equitable agreement before filing.

What happens if we start uncontested but then disagree?

Sometimes, even couples who intend to have an uncontested divorce run into disputes over custody, support, or property. If that happens, your case may become contested, and you’ll need an attorney experienced in both negotiation and litigation. At Barboza Law, we’ve helped clients in Lancaster and Rock Hill navigate these changes and work toward fair solutions without unnecessary delays.

Do I still need a lawyer for an uncontested divorce?

Even if everything is agreed upon, having an attorney ensures your settlement is complete, enforceable, and protects your future interests. Without proper legal review, you might overlook details that cause problems later. For example, a Rock Hill spouse might agree to joint custody without specifying holiday schedules, which could lead to disputes down the road. An attorney makes sure everything is covered.

What if my spouse lives in another state?

South Carolina courts can still grant your divorce as long as residency requirements are met — for example, you’ve lived in Lancaster County for at least a year before filing. We often help clients whose spouses have moved out of state, making the process as smooth as possible without unnecessary travel.

Can an uncontested divorce include child custody and support agreements?

Yes. Many uncontested divorces in Rock Hill and Lancaster involve parents who have already agreed on custody, visitation schedules, and child support amounts. For example, a couple in Indian Land might decide on a week-on/week-off custody plan and use the South Carolina Child Support Guidelines to determine payment amounts. As long as the couple agrees it is fair and equitable and is in the child’s best interests, the court is likely to approve it.

Will an uncontested divorce affect my credit or employment?

The divorce itself does not appear on your credit report or directly impact your job. However, how you handle joint debts during the divorce can affect your credit score. For example, if a Lancaster couple agrees that one spouse will take over a shared car loan, but that spouse misses payments, it could harm both parties’ credit. An attorney can ensure your divorce agreement clearly addresses debt responsibility to help prevent these issues.

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Client Testimonials

“I want to start off by saying that Attorney Sabreena exceeded our expectations. She did an amazing job handling our case! The staff was very nice and friendly and very understanding. If anyone is having any legal issues look no further–Barboza Law is the best!”

S. Williams

“If I could give Barboza Law ten stars, I would. If you’re in need of a family law attorney, look no further. No one works harder and is more dedicated than Sabreena. Sabreena is very intelligent and genuinely cares for her clients. Sabreena provided me with facts on the law and has always guided me in the right direction throughout the process of my case. I highly recommend!”

B. Ruck

“Sabreena is the best. She listens to the client’s questions and concerns and gets the job done. I would highly recommend Sabreena for those who need a great lawyer to represent you!”

C. Stanford

“The Barboza Law team was able to resolve my case without any issues, they were very diligent and superb in managing this case for me without any hassle. I will certainly recommend them and use them again in the future.”

L. Fuentes
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