Legal Question in Family Law in South Carolina
Is it faster to get a divorce through legal zoom? What would you recommend to be the fastest way of divorce?
1 Answer from Attorneys
No.
In South Carolina, there is no such thing as a "quickie" divorce, and it is certainly not faster to get a divorce by way of LegalZoom or any other online legal document provider. It may be cheaper, at least at first, but it's not faster.
Legalzoom's founder Brian Liu even concedes the point. In an interview, he observed that "some people think you can go online and meet your future husband or wife and then divorce them the next day. It's not really like that...you can't get divorced with the click of a button, you still have to go through the court system.�
The fastest way to get a divorce in South Carolina is to pay an attorney to handle your divorce and to be sure that your Attorney is aware that time is of the essence and can handle your case accordingly.
Even if you and your spouse agree on everything, and have no children or property to divide, South Carolina law provides for a mandatory statutory 90 day waiting period, and depending on the County you're in, this 90 days really means 4-5 months even for an uncontested without children because the court dockets are so crowded.
Even if your case is uncontested, do yourself a favor and consult an attorney.
I'm always curious--why the hurry?
Most people seeking "quickie" divorces don't realize that in South Carolina, once you have an agreement, you can reduce the agreement to writing and be essentially done, even if you're not yet eligible for a divorce. This is called a "marital settlement agreement," and only your attorney can create one.
After the settlement agreement is drafted & signed, it is submitted to the court, and you are done. You're free to pursue other romantic pursuits, even as you wait out the clock, and the terms of the agreement typically can't be modified.
There is a place for LegalZoom--corporate filings & patent applications, etc., however, I personally think it is a terrible idea for people trying to get a divorce.
I believe strongly that anyone seeking a divorce in all but the most simple cases should consult an attorney, but, as a colleague of mine jokes, "you don't ask the barber if you need a haircut..."