More details to this question:
If I file for divorce, with signed papers from my husband and we have been separated for well over a year, can / will the judge grant us a divorce without either of us having to make an appearance in court? There will be nothing for us to fight over. We no longer have any mutual property and wish to keep our custody agreement just as it has been since we separated.
1 ANSWER
I am assuming you are basing your divorce on one year separation. In South Carolina, you cannot get a divorce on this ground without a court appearance. The person who filed at least must go to court along with a witness who can testify that you have been separated for a year without any reconciliations. If the husband filed for divorce, then he must go to court. The wife would not have to go to court unless she wants to change her name. In that case, the wife must be there to testify that she wants to change her name. The hearing can be very short, maybe 15 minutes, but the judge has to hear from at least the person filing for the divorce in order to sign the divorce decree.
Answered on Feb 03rd, 2014 at 3:12 PM