How does one obtain a no-fault divorce?

In March 2022, the South Carolina Supreme Court made permanent procedures it had implemented during the COVID-19 pandemic to streamline no-fault divorces when there are no other issues.  Rule 28(a), SCFCR, describes those procedures.

One still need to file and service a complaint and the other party still need to file an answer (although an affidavit of default can be submitted 31 days after service).  However, in lieu of a hearing, the following additional documents need to be provided to obtain the divorce:

• Affidavits from the Plaintiff, the Defendant, and a corroborating witness that address jurisdiction and venue questions, date of marriage, date of separation, and the impossibility of reconciliation. These affidavits must include copies of the parties’ and witness’ state-issued photo identifications.
• The proposed decree of divorce. Should either party request a name change in connection with a request for divorce agreement approval, that party shall submit written testimony to the family court in the form of an affidavit addressing the appropriate questions for the name change and the name which he or she wishes to resume. This relief shall be included in any proposed order submitted to the Court for approval at the time of the submission of the documents related to the relief requested.
• If the decree is submitted by an attorney it must be accompanied by a statement, as an officer of the court, that all counsel approve the decree and that all waiting periods have been satisfied or waived by the parties.

This procedure cannot be used for a fault divorce or if issues of child custody/visitation, child support, alimony, or property division need to be addressed.  However for simple divorces without children or financial disputes, or where there is already a final order of separate maintenance, this streamlined procedure for no-fault divorces reduces the costs of such divorces. I typically anticipate one to two hours of work to accomplish this divorce and offer flat fees accordingly.