[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.mtllawfirm.com\/blog\/first-to-file\/#BlogPosting","mainEntityOfPage":"https:\/\/www.mtllawfirm.com\/blog\/first-to-file\/","headline":"Is It Better to Be the First to File for Divorce in South Carolina?","name":"Is It Better to Be the First to File for Divorce in South Carolina?","description":"Getting a divorce in South Carolina is never an easy decision, nor is it always clear what steps you should take in the early stages. If you\u2019re ready to end your marriage, you most likely want the process to be over with as quickly as possible.\u00a0One way to...","datePublished":"2024-06-02","dateModified":"2026-02-11","author":{"@type":"Person","@id":"https:\/\/www.mtllawfirm.com\/blog\/author\/georgeanderson-user\/#Person","name":"Ed Anderson","url":"https:\/\/www.mtllawfirm.com\/blog\/author\/georgeanderson-user\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/4813a6c9a06d77cd7f752e6ebc163fb49945556ef8aee5b331c692f4b206a872?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/4813a6c9a06d77cd7f752e6ebc163fb49945556ef8aee5b331c692f4b206a872?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"McKinney, Tucker & Lemel","logo":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/07\/MTLLaw-logo.png","width":387,"height":95}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/ex-couple-divorce.jpeg","url":"https:\/\/www.mtllawfirm.com\/wp-content\/uploads\/2023\/06\/ex-couple-divorce.jpeg","height":179,"width":261},"url":"https:\/\/www.mtllawfirm.com\/blog\/first-to-file\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0","name":"South Carolina Divorce Law - McKinney, Tucker & Lemel LLC.","description":"For more information, please visit: https:\/\/www.mtllawfirm.com\/family-lawyers\/divorce\/\n\nMcKinney, Tucker & Lemel LLC - Rock Hill Personal Injury Attorneys\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/default.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/-ZYC1ZcXip0\/maxresdefault.jpg"],"uploadDate":"2024-06-05T17:29:51+00:00","duration":"PT2M38S","embedUrl":"https:\/\/www.youtube.com\/embed\/-ZYC1ZcXip0","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA#Organization","url":"https:\/\/www.youtube.com\/channel\/UCSJQ_AJ7kCfv43tFOzt2OCA","name":"MTL Law","description":"Here at McKinney, Tucker, & Lemel, LLC we are all about people. You are entrusting your lawyer with important and personal details about yourself and your life. You should feel comfortable as you work with your lawyer throughout a case. We respect this relationship and we are ready to be on your side because no one should have to handle a serious legal issue alone. We are here to help with a wide variety of cases including, personal injury, criminal defense, and family law.\n\nWe understand the stress of trying to keep your life on track while handling a serious case. Let us take up the legal burden so you can concentrate on recovering and moving forward. We have been helping the people of York & Lancaster counties since 1977 so you can count on us to have the experience and skill that you need.\n\nWe\u2019re ready to work for you.\n\nMcKinney, Tucker & Lemel LLC\nhttps:\/\/www.mtllawfirm.com\/\n215 Hampton Street\nRock Hill, SC 29730\nPhone: 803-328-1848\n","logo":{"url":"https:\/\/yt3.ggpht.com\/fZ07nD6E0DI9r7Qgz3pwXXUaTWT3568T7H_3_d4P_QDAFhGpvP-h1jXuKIdZu29412BDVm5mu6c=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=-ZYC1ZcXip0#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":48}]]},"about":["Divorce"],"wordCount":1004,"articleBody":"Getting a divorce in South Carolina is never an easy decision, nor is it always clear what steps you should take in the early stages. If you\u2019re ready to end your marriage, you most likely want the process to be over with as quickly as possible.\u00a0One way to potentially speed up the divorce process and give yourself an early advantage is to be the one who files for divorce first. This lets you set the pace of proceedings and confers other benefits as well.Does It Matter Who Files First for Divorce in SC?Before filing, it\u2019s important to familiarize yourself with the basics of the South Carolina divorce process. If you\u2019re unfamiliar with\u00a0how divorce works in South Carolina, there are two kinds of divorce proceedings: contested divorces and uncontested divorces.An uncontested divorce is when both spouses agree on the terms of the divorce, including things like alimony, child support and\u00a0child custody, how\u00a0marital assets will be divided, and so on.The opposite of an uncontested divorce is a contested divorce, which is when one spouse does not agree to the divorce, or the former spouses can\u2019t agree on the terms of the divorce.Contested divorces are more likely to involve one or both spouses making a case for an at-fault divorce.There are four legally recognized grounds for an at-fault divorce in South Carolina, which are:Physical abuseHabitual drunkenness or drug useAdulteryAbandonment for one year or longerUncontested divorces in South Carolina are often based on no-fault grounds, which requires the spouses to live apart from each other for at least one year. That said, an uncontested divorce can be fault-based, such as when both parties admit that a ground for fault, such as abandonment, took place.While no-fault divorces may sometimes take longer because of the one-year waiting period, they\u2019re usually less contentious than at-fault divorces.At first glance, it may not seem to matter who files first for divorce in South Carolina, as the end result matters more than who initiates the process. However, being the one who files first for divorce in South Carolina can confer several key advantages, especially if you plan on making a case for an at-fault divorce. Given how the outcome of your divorce can affect your future in many important ways, you want every edge you can get.More Time in Collecting Your InformationBeing the first to file for divorce means you generally have more time to gather all the information you\u2019ll need.\u00a0There are a lot of records you\u2019ll need to collect, review, and organize, especially if you\u2019re going to argue for an at-fault divorce.You\u2019ll also have the opportunity to meet with a\u00a0divorce lawyer\u00a0before filing for divorce without any deadlines to worry about. Your attorney can help you figure out what documents you\u2019ll need as part of your case and begin the necessary financial preparations, such as opening up a separate bank account or credit card.If you do not file for divorce first, you\u2019ll be working on someone else\u2019s timetable and scrambling to gather the information you need in time for your first court appearances. This can make things more chaotic and stressful.You Will Be Controlling the StoryIf you\u2019re the first one to file for divorce, you get to outline the narrative of why you\u2019re getting divorced, at least in the early phase of the proceedings.\u00a0This lets you build your case for divorce on your own terms, as the judge in your case will most likely hear your side of the story first, and your attorney will get to go first at most court appearances.This is a significant advantage, as it means your spouse will be responding to the story you tell instead of the other way around.\u00a0Though this certainly isn\u2019t a guarantee that you\u2019ll get everything you want in your divorce, it can make the process much simpler.You Will Be Feeling Mentally PreparedBeing under pressure to meet legal deadlines and respond to your spouse\u2019s allegations in a divorce can be quite stressful, potentially making it harder to get what you want.On the other hand,\u00a0being the first to file means you\u2019re setting the timelines for your divorce proceedings.\u00a0This gives you more time to mentally and emotionally prepare, which is more important than you might think.It\u2019s crucial to stay calm throughout the divorce process, no matter how aggravating your former spouse may be. Having some extra time to prepare can make it easier to maintain a grip on your emotions.\ufeffHaving Time to Seek Experienced Legal CounselHaving to respond to your spouse\u2019s divorce filing could put you in a time crunch, as there are crucial deadlines that have to be met once the first spouse files for divorce. This time pressure sometimes means that someone going through a divorce doesn\u2019t have as much time as they would like to find the right legal counsel. Not getting the right lawyer can prove to be disastrous.But if you\u2019re the one who files first for divorce, you control the timetable, which means you can take your time and find the right attorney for your needs.\u00a0Considering how important getting an experienced\u00a0divorce lawyer\u00a0is, having more time to get proper legal counsel can substantially impact your case.Ready to Discuss Divorce Options? Contact Us NowAt\u00a0McKinney, Tucker & Lemel LLC, we know how tough divorce can be and how the right lawyer can make all the difference. We\u2019ll be with you at every step of this challenging process, offering straightforward legal advice and a strong defense of your rights.To learn more about how we can help you with your South Carolina divorce, call our office in Rock Hill. You can also fill out our contact form or chat with us live.Visit Our South Carolina Divorce Law Offices"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.mtllawfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Is It Better to Be the First to File for Divorce in South Carolina?","item":"https:\/\/www.mtllawfirm.com\/blog\/first-to-file\/#breadcrumbitem"}]}]