What is a default divorce?

A default divorce is a type of divorce available in South Carolina. It is an uncontested divorce, meaning that both spouses agree to the divorce and all of its terms. This type of divorce does not require attendance in court or having a trial, making it a simpler process. In a default divorce, a spouse who is seeking the divorce presents their case to the court without the other spouse being present. The filing spouse presents the court with documents that provide proof that they have sent the other party notice of their request for a divorce, and they have not been able to serve the divorce papers. The court will then issue an order of divorce, known as the Final Decree of Divorce, which grants the filing spouse a divorce and settles all matters related to the case. The filing party must provide the court with any documents that relate to the matter, such as a financial affidavit, child support worksheets, custody agreement, alimony agreement, property division agreement, and other required documents. Once these have been submitted, the court will review them and decide whether to grant the divorce. If it is granted, the spouses are then legally divorced and all of their rights and obligations to one another are ended.

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