Legal Question in Family Law in South Carolina
uncontested divorce
Looking for advise on if I can file for Divorce myself or would need a lawyer. I am in South carolina but my Husband is out of state in Massachusetts.We have been living separate for 1 year after he left and moved to Ma. we have been married for a year and half and have no children, property or bills together. we have reconcillable diffrences and both have decided to move on. He is aware of my intensions and is willing to work together to make the process as less painfull and possible please help as to what I would need to do from here. Thank you in advance and any help will be greatly appreciated.
1 Answer from Attorneys
Re: uncontested divorce
There is no rule requiring a person to have a lawyer in order to get a divorce. The problems is that most people do not know how to go about it. Quite frankly, that is why lawyers go to law school for three years. You would need to know how to draft all the appropriate paperwork, filings, service, jurisdiction, venue, notice, any applicable waivers, verifications, certificate of exemptions, cover sheets, financial declarations, various proofs, etc. Then you would have to know what to do once you get to court, including your witness's testimony (yes you do need a witness), burden of proof, drafting the decree, etc. Even though your divorce is simple compared to others, it is still a law suit and it would be advisible for you to have legal counsel. If money is an issue for you, you might consider asking your husband if he can divorce you in Mass. Good luck.
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