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Can I Dismiss a South Carolina Divorce Case if We Want to Reconcile?

Posted by J. Benjamin Stevens | Dec 12, 2013 | 0 Comments

Though filing for divorce can seem like a final step, the reality is that some couples in South Carolina reconcile and ultimately change their mind about splitting up. In these rare cases, couples may have taken time to think about what they really want and that life without their partner is no longer what they desire. If that's the case, it's good to know that in South Carolina you can easily take action to “undo” a divorce filing and have the case dismissed.

If you are one of those couples that would like to stop your divorce proceedings, you are able to do so by simply filing a Motion to Dismiss or Consent Order of Dismissal with the Family Court. These can be filed at any time before the Court finalizes your divorce. An experienced South Carolina family law attorney can draft the Motion or Consent Order to Dismiss to request that the court dismiss the previously filed divorce case. This paperwork will explain why the case should be dismissed, and the Court will typically grant dismissals quickly without a hearing if both parties are in agreement.

Though it's always good to know that there are ways out of your decision to file for divorce, those who are considering dismissing their case should realize that there is a drawback to dismissal. The laws are clear that if you cancel your South Carolina divorce case, and later decide that you do want to split with your spouse, you will have to re-file for divorce. This means that you will have to file a new action, pay another filing fee, and face a different valuation date for your marital assets and debts. If you dismiss your case and then come to regret that dismissal, you will essentially have to start over from square one.

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J. Benjamin Stevens

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