SOUTH CAROLINA DIVORCE LAW
If you are contemplating divorce or legal separation in South Carolina, there are various South Carolina divorce issues you should understand such as residency requirements and property division. A divorce in South Carolina will legally end your marriage. After divorce is final, the ex-spouses will be considered single and able to re-marry. It is important to discuss any questions or concerns about divorce or legal separation with a South Carolina divorce attorney.
Legal Separation Legal separations are allowed in South Carolina, generally on the same grounds and following the same procedures as divorce. A legal separation does not end a marriage, the spouses are still considered married and are unable to re-marry. The court can make orders with regard to any issues relating to property division, the care and custody of minor children that may be involved, or any other issues. Judgments made are always open for revision at the court's discretion. This can be an attractive alternative to divorce for those who are concerned about divorce for religious or tax reasons.
Grounds For Divorce To file for divorce in South Carolina, you will need to state a reason or "grounds" for the divorce. South Carolina allows only fault-based reasons for divorce. This means that the courts require a specific reason for the divorce filing. Fault-based grounds in South Carolina may include: adultery, desertion for a period of one year, physical cruelty, habitual drunkenness, or both parties having lived separate and apart for more than one year. Divorce can be a complicated and difficult process; you should contact a South Carolina divorce attorney.
Divorce Residency Requirements To properly file for divorce in South Carolina, the plaintiff must have been a South Carolina resident for at least three months, provided both parties are residents of South Carolina at the time of filing. If only one party resides in South Carolina, the law states that the plaintiff must have been a resident for one year. Papers must be filed in the Court of Common Pleas in the county where either party resides.
Availability of Simplified or Special Divorce Procedures There is one special divorce procedure in South Carolina. If a divorce is no-fault divorce and filed with 1) a petition signed by both parties, 2) a notarized separation agreement or marital settlement agreement, and 3) an affidavit swearing to the irretrievability of the marriage, then the divorce is heard by a judge with no summons requirement and with a statutory eye toward a speedy resolution.
Annulment An annulment is a court declaration that a marriage is legally invalid. In other words, an annulment decrees that the marriage was never valid to begin with; thus, a divorce is not needed. An annulment in South Carolina may be granted for reasons including: fraud, duress, one party's minor status, or consanguinity. Annulments can be difficult to obtain, you should speak with a South Carolina divorce attorney.
Division of Marital Property Marital Property is divided in a South Carolina divorce using the property division system of "equitable distribution." This distribution system will divide marital property in a divorce on terms considered to be fair. "Fair" does not necessarily mean a 50-50 or equal split. When determining the property distribution, the South Carolina court will consider, among other things, any misconduct that may have occurred, the contributions of each spouse to the marital estate, the economic circumstances of each party, the total value of the properties of the parties, and the amount of spousal support awarded.
Links to Divorce Statutes
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