Uncontested Divorce in South Carolina

Updated September 16, 2026.

We often see parties who have discussed their divorce and believe they are in agreement on all matters. These issues could include custody, visitation, child support, other topics related to the children, asset allocation, division of debts, alimony, etc. If you and your spouse agree on all the issues of divorce, then the divorce may be considered “uncontested.”

Am I Required to Hire an Attorney?

South Carolina provides forms in a Self-Represented Litigant Packet to assist parties in uncontested divorce who choose not to hire an attorney. The packet is intended for cases that meet its eligibility requirements. Read the current instructions before assuming the forms fit your circumstances. There are procedural and substantive risks when you represent yourself. Procedurally and substantively, a self-represented (or “pro se”) party is held to the same legal standard and expectations as an attorney. The court will require you to strictly comply with all legal documents you submit and notice of hearings. You will also be required to testify and question your own corroborating witness at a final hearing. Although the court makes every effort to be accessible, there are a number of family court rules you could find to be pitfalls in this process.

Can one Attorney Represent both my Spouse and Me?

Even for uncontested divorces, one attorney cannot represent both parties. This would be an inherent conflict of interest. This rule exists because there is a significant risk that representing one client would limit the lawyer’s responsibility to the other client. This does not mean both parties must be represented, but it is advised.

Why do I need an Attorney in Divorce?

Additionally, divorce is more complex and emotional than most anticipate. Inevitably, some conflict or disagreement arises. Perhaps the parties have not fully discussed a particular issue of the divorce, or circumstances change during the separation. Ideally, an attorney can ensure all divorce issues are discussed. And provide a comprehensive approach to a settlement agreement. Furthermore, a lawyer will ensure your rights are protected now. And help you plan and understand a long-term solution.

Divorce also takes time. Separating two lives requires careful consideration, especially if the parties have been married for years. An attorney’s time and expense could save you heaps in the future. For example, if your settlement agreement does not fully address all matters related to the children or neglects joint financial debts. You could face additional litigation that is potentially more complex and expensive than the original divorce.

Divorce does not have to be difficult. An attorney can help you navigate this process. A good family lawyer will help you manage your expectations and seek a reasonable approach to save time and costs.

What Should I Bring to an Uncontested Divorce Consultation?

Bring any proposed agreement, court papers and existing orders, along with the records you have about income, accounts, property and debts. If you have children, bring their current schedules and a list of parenting and support questions. Note what you both agree on and what still needs discussion.

What If We Disagree About One Issue?

Tell your lawyer which issue remains unresolved rather than assuming the entire agreement is settled. You can discuss whether further negotiation or mediation may help and whether divorce litigation may be needed.

How Long Will It Take and What Will It Cost?

Ask about the requirements and likely steps for your circumstances before relying on a timeline or price. Agreement does not by itself mean an immediate divorce. Ask what the proposed representation includes, how fees are charged and what could change the scope. Bring any upcoming hearing dates or deadlines to the firm’s attention.

How Can I Get Started?

Contact a strong, experienced family law attorney at Hyde Law Firm, P.A., 864-804-6330. We are ready to help you through the divorce process. We will be with you every step of the way.