Marital Dissolution Written Agreement

Marital dissolution agreements are contracts between parties that are presented to the Court for approval in Separate Support and Maintenance Cases or Divorce cases. If accepted the proposed agreement will become an Order of the Court and the case will be finalized. If you and your spouse agree on, among other things, custody, assets, debts, pensions, property division, and alimony then a marital dissolution agreement may be in your best interest. The benefits of coming to an agreement are several. Some of the most obvious benefits are that you will be able to negotiate an agreement with your spouse and propose it to the Court. Without an agreement the Court will make all the decisions. An agreement will also minimize the amount of cost you spend on legal fees as well as the amount of time that each party must spend preparing for hearings and required mediation.  If the parties have a full agreement mediation can be waived.

Thinking about a marital dissolution agreement? I urge you to read this link for further insight.

Requirements to Get A “No Fault Divorce” In South Carolina

• You must be separated from your spouse for 1 continuous year.
• You must be a South Carolina resident for 1 year before filing OR you and your spouse need to be SC residents for 3 continuous months prior to filing.
• You must have divided ALL assets and debts or agree to how the same shall occur.
• You must know what date, County, and State you were married in (filed).
• You must know your date of separation.
• You must file a family court financial declaration. (Which is included in our rate.)

How Long Does It Take?

• It depends. It usually takes about 3 months from filing to finish but it can take less time. While the COVID-19 pandemic has been a major hurdle to overcome it has actually allowed Judges the ability to grant a divorce in a more efficient manner. Now, a Court (for the first time in South Carolina history) can grant a divorce without a hearing!

What Documents Do I need?

• Alex Kornfeld will prepare all paperwork and review it with you prior to submitting it to the Court. We’ll notify you once we received the divorce decree and will email you and your ex-spouse a copy of the decree.

Do I have to go to Court?

• Usually, you’d have to appear before a Judge, but because of the pandemic we’re now able to submit paperwork for a divorce or separation without having a hearing! However, a Judge has the sole discretion to require a hearing if they so choose.

Will I need a witness?

• Yes, you have to have a witness (18-years-old or older) that can truthfully testify that you and your spouse have been continuously separated for over one year.

What’s the difference between a divorce and a final separation?

• If you have a Final Order of Separate Support & Maintenance all the issues but the actual grounds for divorce are settled. In some instances, it makes good sense to get a “Final Separation” so that you have ‘peace of mind’ and can effectively move on with your life knowing what specific assets and debts you’re responsible for. If you have a “Final Divorce Decree” this means that there are no other obstacles concerning marital property or grounds for divorce. Whether filing for divorce or a separation is best for you depends on your specific facts.

Even if your facts are more complicated, (multiple properties or businesses, extensive assets and/or debts, retirement accounts, complex custody issues, etc.) we can still help you, but you’ll likely benefit from having a marital dissolution written agreement.