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Divorce Guide

Divorce Guide

Getting South Carolina Divorce

Divorce is a stressful situation for the couple going through it, irrespective of the state they reside. Getting South Carolina divorce requires the couple to file all the paperwork correctly. The points which state the terms and conditions of a SC divorce are listed below. These points will help one to understand the laws and regulations about filing a divorce in the state of South Carolina.

Residency Requirement for South Carolina Divorce

The residency requirements as per South Carolina divorce laws and SC divorce guidelines are:

  1. Both the spouses should be the residents of the state, and the spouse filing for divorce should be residing in the state for at least 3 months before filing the petition.
  2. If only one spouse resides in South Carolina, then the spouse filing for divorce should be a resident of the state for at least a year

Ground for Divorce in South Carolina

The grounds for no fault divorce are:

  • The couple should be living separate for a year.

The grounds for fault based divorce are:

  • Adultery
  • Alcoholism or drug addiction
  • Physical cruelty.

Time for Divorce

There is a waiting period of 90 days after the spouse files the SC divorce papers and forms before a divorce is granted.

Place of Divorce

The divorce can be filed in:

  1. The county where the defendant lives
  2. If the defendant does not reside in South Carolina or has gone missing, then the divorce can be filed in the county where the plaintiff resides
  3. If both spouses still reside in South Carolina, then the divorce shall be filed in the county where both of them last lived together.

Process of Filing divorce in SC

There are only three basic steps to file a divorce in SC:

  • The spouse should file South Carolina Divorce papers (South Carolina divorce forms)
  • The petitioner should notify the other spouse of his/her filing for divorce in SC
  • The petitioner should attend his/her SC divorce hearing.

Property Distribution

While getting a divorce in South Carolina, a property in an uncontested divorce is divided in such a way that both the parties agree to the division. The main concern is the agreement of the spouses to this division, so that it doesn’t create a fight between them. This could result in any one of the spouses approaching the lawyer and making the case into a contested divorce.

  • Debts: Most of the spouses argue on who will pay what debts as part of their marital settlement during their divorce process, so that they can close all their joint accounts.
  • Alimony: In an uncontested divorce, alimony is awarded to either spouse for their support and maintenance depending upon their agreement. Since most spouses are working, alimony (if awarded), is usually for a shorter period. Alimony is not a necessary condition for a person to be divorced in South Carolina.

Missing Spouse

Getting South Carolina divorce doesn’t require the other spouse to be located as one can still get a divorce as per the state laws. It may incur some extra expense like running a newspaper ad or something similar.

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