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South Carolina
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South Carolina Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
South Carolina Residency Requirement
According to the South Carolina Divorce Laws and South Carolina
Divorce Guidelines, to get divorced in South Carolina:
(1) if both spouses are residents of the state, then the spouse
filing must have been a resident for 3 months.
(2) If only one spuse is a resident of South Carolina, then the
spouse filing for divorce must have been a resident of South Carolina
for at least 1 year
Time to Divorce
There is a waiting period of 90 days after filing the
South Carolina Divorce Forms and South Carolina Divorce Papers before
a divorce will be granted
Place of Divorce (Venue)
The divorce can be filed in:
(1) The county where the defendant resides.
(2) If the defendant does NOT reside in South Carolina or is missing,
then the divorce can be filed in the county where the plaintiff
resides.
(3) If both spouses still live in South Carolina, then the divorce
shall be filed in the county where the spouses last lived together.
South Carolina Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Living separate and apart without cohabitation for 1 year
Grounds for Fault based divorce:
(1) adultery
(2) alcoholism and/or drug addiction
(3) physical cruelty
(4) willful desertion for 1 year
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in South Carolina, the
Divorce Do It Yourself Service will do divorces on an "Agreed" basis
or a “Default” basis.
- An Agreed Divorce
, defined by South Carolina divorce guidelines and South Carolina
divorce laws, is a scenario where the spouses agree on the terms
of the divorce such as South Carolina property distribution, South
Carolina child support, or South Carolina child custody. Most
of our clients (75%) prefer the Agreed Divorce method and both
spouses sign the divorce papers and are agreed to the terms of
divorce.
- A Default Divorce
, according to the South Carolina
divorce guidelines and South Carolina divorce
laws, is a divorce where the other spouse doesn’t sign the South
Carolina Divorce forms or South Carolina divorce papers, he/she
doesn’t do anything at all with the divorce. They simply default
on the case and the spouse who files for divorce gets whatever
was asked for in the original paperwork.
Process to file for Divorce in
South Carolina
There are only three basic procedural steps to a divorce:
- File South Carolina Divorce Papers (South
Carolina Divorce Forms)
- Notify Spouse of your filing for divorce
in South Carolina
- Attend your South Carolina divorce hearing
South Carolina Child Custody
Simple Definitions: (source: South Carolina divorce guidelines and
South Carolina divorce laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
South Carolina Child Custody in a shared
arrangement, in one form or another, is the preferred method of
our South Carolina divorce customers. If a sole custody arrangement
is to be considered, then there is usually a reason
agreed upon by both parties that one parent is to have the
children. Usually the financial status of a parent is not to be
considered for allocating any parental rights and responsibilities.
Shared Custody or Sole Child Custody may be awarded according to
the best interests of the child.
South Carolina Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the South Carolina Child Support Guidelines. The guideline amount
is presumed to arrive at an amount of support that is in the child's
best interest. But, most divorcing spouses agree to a figure on
their own, that will work just fine. Also, in most situations, -0-
Child Support is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a South Carolina
divorce lawyer or divorce attorney to make the case into a Contested
Divorce. Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in South Carolina.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in South Carolina.
It may involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in South Carolina often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in South Carolina, fees must
usually be paid when you file the South Carolina divorce forms and
South Carolina divorce papers at your county courthouse. These
fees vary between County to County, so it is best to call them and
ask what the fees are in your County. Regardless of whether
you are going through a divorce service, using a South Carolina
divorce kit, using a divorce attorney (or divorce lawyer), or doing
a nearly free divorce in South Carolina, you will almost always
be the one to cover the court fees which is standard procedure.
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 Divorce
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After
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Questionnaire. |
| 2 |
We
complete your divorce forms in 2-3 business days and
email them back for your review. |
| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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