Can a divorce be overturned?

It is possible for a divorce to be overturned in South Carolina, although it is rare and challenging. In general, a divorce that has already been granted cannot be undone simply because one of the former spouses wishes to have it reversed. To have a divorce overturned, a spouse must file a motion in court and prove that the left-out spouse was misled or unable to be present during the original divorce proceedings. The spouse submitting the motion must show that this caused the former spouse to be deprived of their rights. If the court agrees that the former spouse was indeed misled or not present for the divorce proceedings, they may choose to set aside the divorce. This means that the divorce will be nullified, and the original divorce findings will be reversed. When this happens, the parties will need to restart the divorce proceedings from the very beginning. It is important to keep in mind that overturning a divorce is rare and difficult. The spouse submitting the motion must be able to provide hard evidence that the former spouse was misled or absent from the original proceedings, and this can be a very difficult feat. As such, it is best to avoid getting a divorce if possible and to ensure that both parties are fully aware and present during any divorce proceedings.

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