What are the different types of divorce?

In South Carolina, there are two main types of divorce. The first is an uncontested divorce, which happens when both parties agree to the divorce and settle all issues related to it, including child custody and division of marital property. The second is a contested divorce, which occurs when the parties cannot agree on all or some of the issues in the divorce. In an uncontested divorce, the parties can either file for a summary divorce, a separate maintenance order, or a no-fault divorce. In a summary divorce, the parties use a simplified form to dissolve their marriage without going to court. The parties must have been married for less than five years, have no children, and agree to divide all marital property. A separate maintenance order is a petition which allows the parties to remain married, but live separately and independently. The parties may still file for marital property division and child support in this type of divorce. Lastly, a no-fault divorce is when the parties agree to end the marriage for any stated reason, even if neither party is at fault. In a contested divorce, the parties must go to court to present their arguments on the contested issues of child custody, child support, spousal support, and division of marital property. The court will review each issue and make a ruling based on the evidence presented. All divorces in South Carolina must be granted by a judge after the mandatory waiting period. The waiting period is usually 30 days.

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