Divorce Guide

Divorce Guide

South Carolina Divorce Rights

A case for the dissolution of marriage in South Carolina can only be filed in the state of South Carolina if the person filing the petition is a resident of the state. According to South Carolina divorce rights, plaintiff must be a resident of the state for three months when the other spouse is also residing in the state. When the other spouse is not residing in the state, the plaintiff should have been a resident of the state for atleat a period of one year. The documents are submitted in the court of common pleas in the respective county.

South Carolina grounds for divorce

Unlike other states of the United States of America, South Carolina divorce rights do not divide the grounds of filing a divorce case into two categories. The only grounds on the basis of which a spouse can seek divorce are adultery, habitual drunkenness, extreme physical cruelty, desertion for one year, husband and wife living separately for one year.

A special provision provided by South Carolina divorce rights is a provision of legal separation wherein the court can allow the couple to part their ways and live separately. In such cases the maintenance money and the support for both the parties shall be provided from the joint property of the spouses.

South Carolina property distribution in divorce

Cases however, in which the spouses want nothing less than a complete divorce, the court has to take utmost efforts to distribute the resources between the two parties. Since South Carolina divorce rights recognize South Carolina to be an equal distribution state, the resources acquired by the couple during the marriage period would be distributed fairly between the two parties. Possession of the non-marital property on the other hand is given to the original heir of that property.

South Carolina alimony support

Alimony support or the spousal support finds a special place in South Carolina divorce rights. Not all cases award alimony to the defendant or the plaintiff but cases in which one of the parties is considered to be financially unwell; alimony support is awarded by the court. The factors which decide the amount and duration of the alimony support are length of the marriage, age of each spouse, employment and earning capacities of the two parties, standard of living, vocational and educational skills of the two parties, custody of the child, marital misconduct and the tax consequences.

Cases in which either of the parties wants to resume his/her former surname or the maiden name, the court can allow the parties to resume their former surnames but they can use it only after the completion or the conclusion of the divorce case.

South Carolina child support

Child custody and child support are some other issues which are discussed in length while the case for the dissolution of marriage is on. South Carolina divorce rights recognize the wishes of the parents and the child while deciding the custody of the child. Welfare of the child and the educational funding of the child however are prime factors while taking any decision on the custody of the child. Efforts are made to minimize any expected physical or mental trauma experienced by the child after the divorce

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