Contested Vs. Uncontested Divorce In SC: Which Is Right For You?
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When couples in South Carolina begin the divorce process, one of the first — and most important — classifications is whether the divorce will be contested or uncontested. This distinction affects everything from your timeline and legal costs to the emotional toll on you and your family.
At Warner Law in Columbia, SC, we handle both contested and uncontested divorces and help our clients choose the path that best protects their interests. In this guide, we’ll explain the key differences so you can understand which approach may be right for your situation.
For a full overview of the divorce process, see our Divorce in South Carolina: The Ultimate Guide.
What Is an Uncontested Divorce?
An uncontested divorce means both spouses agree on all major issues related to the dissolution of their marriage, including:
When there’s nothing to fight over, the court process is dramatically simplified. The spouses (or their attorneys) draft a Marital Settlement Agreement that outlines all the agreed-upon terms. This agreement is submitted to the court for approval at a brief final hearing.
What Is a Contested Divorce?
A contested divorce occurs when the spouses disagree on one or more significant issues. Common points of contention include:
- Who gets custody of the children
- How marital property should be divided
- Whether alimony should be awarded (and how much)
- The value of a business or complex assets
- Whether one party committed adultery or other marital fault
In a contested divorce, the case moves through a more formal litigation process, including discovery, possible depositions, mediation (often required by South Carolina family courts), and — if no resolution is reached — a trial before a family court judge.
Why Divorce Cases Become Contested
Unfortunately, not all matters can be settled amicably. When you and your spouse do not see eye to eye, litigation becomes necessary, and we proactively protect our clients’ interests through an aggressive yet practical approach. In Columbia, many divorce cases move through Richland County Family Court, while families in nearby Lexington, Irmo, and West Columbia may also be dealing with proceedings in Lexington County Family Court depending on where the case is filed. Local Family Court strategy often affects everything from temporary hearings to final trial preparation.
Incumbent in any litigated divorce is controversy over alimony, child custody, visitation, division of assets and debts, restraining orders regarding disposition of marital assets and personal contact, attorney fees and costs and professional fees and costs if experts are engaged.
Also incumbent in any litigated divorce is whether a fault ground for divorce exists. This is important because South Carolina recognizes that where a party is at fault for the breakdown of the marriage, this can contribute to adverse financial or custodial findings against that party. It can also mean the court can remove the offending spouse from the marital home.
Issues Commonly Litigated In Contested Divorce Cases
South Carolina recognizes adultery, physical cruelty, habitual drunkenness or drug use, and desertion as grounds for divorce. A no fault divorce simply means that the parties have been living separate and apart for at least one year.
Should you be able to successfully prove a fault ground for divorce at an initial temporary hearing, this can result in the court issuing an order removing the offending party from the marital residence during the initial stages of the case. It can also result in an award of attorney fees and costs or other professional fees and costs against the offending party.
A contested action for divorce does not only involve a ground for divorce. It involves child related issues such as custody, visitation, and child support, division of your assets and debt, alimony or other spousal support, attorney fees and professional fees and costs, and other related issues. Therefore, your typical divorce case will involve some or all these issues that may be litigated requiring that the court rule on these issues during various hearings in your case.
In other words, you will not be granted a divorce without all these other issues being resolved either through an agreement that both parties execute and submit for approval by the court, or that the court makes a final determination on at a final hearing.
What Makes a Contested Divorce More Complex?
- Discovery: Both sides exchange extensive financial documents, answer written questions, and may take depositions.
- Expert witnesses: Business valuators, forensic accountants, child custody evaluators, or real estate appraisers may be needed.
- Temporary hearings: Either party may request temporary orders for custody, support, or possession of the marital home while the case is pending.
- Trial: If mediation fails, the case goes before a judge who makes binding decisions on all contested issues.
Typical Timeline for a Contested Divorce in SC
Contested divorces in South Carolina generally take six months to two years or longer. Cases involving complex financial assets — such as high net worth divorce or business ownership — may take even longer due to the need for expert analysis and valuation.
Contested Vs. Uncontested Divorce: Side-By-Side Comparison
| Factor | Uncontested Divorce | Contested Divorce |
|---|---|---|
| Agreement on all issues | Yes | No |
| Timeline | 3–4 months after filing | 6 months – 2+ years |
| Cost | Lower | Higher |
| Court involvement | Minimal (brief final hearing) | Extensive (hearings, possible trial) |
| Stress level | Lower | Higher |
| Control over outcome | High (you decide the terms) | Lower (judge decides if no agreement) |
| Privacy | More private | More public record |
Practical Scenario: When Uncontested Becomes Contested
Let’s look at a common scenario. James and Lisa, a couple in Lexington County, SC, initially agree to an amicable split. They plan an uncontested divorce and begin drafting a settlement agreement. However, when it comes to dividing James’s retirement account and determining custody of their daughter, they reach an impasse. Lisa believes she should have primary custody; James wants equal parenting time. The retirement account is substantial, and they disagree about how much of it was earned before the marriage.
What started as uncontested is now contested — at least on those issues. Their attorneys may recommend mediation to resolve these disputes without going to trial. If mediation succeeds, the case can return to an uncontested track. If not, the contested issues go to the judge.
This scenario illustrates an important point: many divorces begin as contested but ultimately settle before trial. Having a skilled divorce attorney in Columbia, SC can help you navigate the negotiation process and reach a resolution without the cost and uncertainty of a trial.
Can a Contested Divorce Become Uncontested?
Absolutely. At any point during the process, the parties can reach an agreement and convert a contested divorce into an uncontested one. In fact, this is how most contested divorces resolve — through negotiation or mediation, the parties eventually find common ground on all issues and submit a consent agreement to the court.
At Warner Law, we always look for opportunities to resolve disputes efficiently. Even in highly contested cases, we focus on strategic negotiation to protect our clients’ interests while minimizing unnecessary conflict.
Which Path Should You Choose?
The answer depends on your unique circumstances. Ask yourself:
- Are you and your spouse able to communicate and negotiate in good faith? If yes, uncontested may be feasible.
- Are there complex financial assets or disagreements about custody? If yes, a contested process may be necessary — at least initially.
- Is there a history of domestic violence or extreme power imbalance? If yes, formal legal proceedings with strong advocacy are essential.
No matter which path you’re on, having experienced legal representation is critical. Even in an uncontested divorce, an attorney ensures your rights are protected and the agreement is enforceable. In a contested divorce, an attorney is your advocate in negotiations, mediation, and the courtroom.
Warner Law: Experienced Representation for Every Type of Divorce
Whether your divorce is amicable or adversarial, Warner Law provides the strategic, compassionate representation you need. Attorney Carrie Warner and our team serve families throughout Columbia, South Carolina, Richland County, Lexington County, and the Midlands region.
We’ll help you understand your options, protect your rights, and pursue the best possible outcome — whether that means negotiating a fair settlement or fighting for your interests at trial.
Take the First Step
Not sure whether your divorce will be contested or uncontested? That’s okay — many of our clients start without a clear answer. Contact Warner Law today to schedule a consultation. We’ll evaluate your situation and help you chart the path forward.
📞 Schedule your consultation with a Columbia, SC divorce attorney today.
This article is for informational purposes only and does not constitute legal advice. Every family law case is unique. Contact Warner Law to discuss your specific situation.
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My late father, Jan Warner, was an accomplished and widely known family law attorney and nationally syndicated author in South Carolina, so this area of law runs in my blood. It is all I have ever known, and I cannot imagine doing anything else.