Divorce Guide

Divorce Guide

Getting divorce in South Carolina

Divorce is the most painful process in the world. For getting a divorce in South Carolina, we have to follow specific rules and regulations which are different from other states. They are as follow:

  • To file for divorce in South Carolina, you or your spouse must be a South Carolina resident for at least one year .If you both are residents of South Carolina then three month’s residence requirement is enough.
  • There is nearly 90-days waiting period from the time you file for divorce and the time final divorce decree is granted.
  • South Carolina is normally ‘no fault’ divorce state. The ground for the no fault divorce is living separate for one year.
  • In case of fault divorce process, the grounds are as follow:
  • Adultery
  • Alcohol or drug addict
  • Physical abuse
  • Neglect to the duties of married life for one year

A divorce case starts when one spouse files a complaint for divorce. You can file for divorce in the county where; your spouse lives, or you live or you and your spouse last lived together.

During the divorce process in South Carolina, marital property is divided equitably. In deciding how to divide the marital property, court consider following factors;

  • Marriage duration
  • Spouse’s ages at the time of marriage and divorce.
  • Marital misbehavior
  • Marital property’s present value.
  • Income and earning capacity of each spouse
  • Physical and emotional strength of each spouse
  • Needs of each spouse
  • Non marital property of each spouse
  • retirement benefits
  • Alimony provided
  • Interest of awarding family home to spouse having custody of the children
  • Tax cost of the property division
  • Child custody.

Steps for getting a divorce in South Carolina:

  • Collect all the information of your propertye.g. When you purchased it, an estimate of price, and details such as account numbers, serial numbers.
  • After that you can meet with a South Carolina divorce lawyer . He/she will help you in solving the issues like property division and child custody.
  • According to South Carolina Code of Laws Section 20-3-130, the court may grant alimony and support from the situation of the parties and the nature of case. Alimony is not granted to the spouse who commits adultery before the earlier of these two events: the formal signing of a written property marital settlement agreement and entry of a permanent order of separate maintenance and support.
  • If spouses cannot agree on the issues, especially when there is child involved, family law in South Carolina will suggest you to attend divorce mediation. Mediation is known as one or more negotiating sessions with spouse and lawyers, third-party mediator.
  • When you and your spouse agree to all the terms of the divorce, court will provide date and time of trials known as abbreviated hearing. The judge will review the settlement agreement to make sure that it is fair to both spouses and the children.
  • Last step of the divorce will be signing of the divorce decree. This will end you the marriage.

    Getting a divorce in South Carolina is easy and time saving when you mutually prepare according to the court requirement.

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