Aaron & Aaron, Attorneys at Law
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Are you eligible for summary divorce?

Divorce can be a long and complicated process. It is an unfortunate fact that marriages don't always work out and this is just as true in South Carolina. Even so, once you have reached the decision that you want to go your separate ways and have a fresh start, you still have a long way to go. The division of your property needs to be decided upon, you need to figure out who gets custody of your children, and you may even have spousal benefits to discuss.

However, in some cases the process can be simplified. Although the requirements vary from state to state, as is described here, some couples may be eligible for summary divorce. Some of the factors governing eligibility include the following:

  • The length of the marriage. Summary divorce usually requires the couple to have been married for five years or fewer.
  • The value of the marital property, excluding motor vehicles. Typically this needs to be below an amount between $25,000 and $35,000.
  • Both spouses are required to forfeit any rights to spousal support.
  • The couple should not have any children, whether biological or adopted, who are minors.

In some states, couples can still choose summary divorce even if they have significant assets or children to consider. In these cases they are required to come to a mutual agreement on all the relevant matters and submit written proof along with their petition for summary divorce.

It is important to know the legislation in your state. However, that is something an attorney may be able to help you with. If you are considering divorce, the right guidance may help you ease the process and reach a swifter and more favorable agreement.

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Aaron & Aaron
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