A South Carolina divorce can be filed in South Carolina by either spouse to end the marital relationship. Upon completing a South Carolina divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, spousal support (alimony) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested South Carolina divorce without the expense of an attorney.
Types of Divorce in South Carolina
A divorce is uncontested, or is a default divorce, if you and your spouse can agree on major issues such as property division, alimony and child support, and if it is unlikely that your spouse will file papers in court disagreeing with the divorce request. On the other hand, a divorce is contested if you and your spouse cannot agree on enough issues to require resolution by the court.
Alternatives to Divorce in South Carolina
Legal separation involves the same procedures as divorce, but the separated spouses can?t marry others. Legal separation is an alternative for people who wish to avoid divorce for religious or other reasons. The court grants a legal separation on the ground that the marriage relationship is broken. Like a divorce, a legal separation requires property division and determination of child custody and placement. The court may order maintenance and child support payments in a divorce in South Carolina.
An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. The person seeking the annulment must prove that the prerequisites for annulments are met. The prerequisites tend to be more difficult to establish and therefore many lawyers advise clients to file for divorce.
