updated September 1, 2023 · 6min read
Whether you live in South Carolina or elsewhere, divorce for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If one of them will be unable to be self-supporting after the divorce, the issue of alimony may arise. If there are minor children, they will also need to resolve issues of child custody and support.
Residency and where to file
In order to file for divorce in South Carolina, provided that both parties are residents of the state, the plaintiff must be a resident of South Carolina for at least 3 months. Otherwise, either the plaintiff or the defendant must be a resident for at least 1 year. If both parties are South Carolina residents, you may file in the Circuit Court or Family Court of the county where the defendant resides, or the county where the parties last lived together. If the defendant is not a South Carolina resident, you may file in the county where the plaintiff resides.
Procedures
The simplest procedure is an uncontested divorce where you and your spouse can reach an agreement about all issues. You begin by filing a Complaint for Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce.
Grounds for divorce
Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. South Carolina, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds. To get a no-fault divorce in South Carolina you need to state in the Complaint for Divorce that “the parties have been living separate and apart without cohabitation for one year.”
The fault-based grounds for divorce are: adultery, alcoholism or drug addiction, physical cruelty, and desertion for one year. However, in most cases (unless you don’t want to wait for one year of separation for a no-fault divorce), there is no reason to use any of the fault-based grounds, since they add complexity to the process by requiring proof.
Property division
A divorce involves dividing property and debts between you and your spouse. Generally, each party will keep his or her nonmarital property, which is property:
All other property is marital property. Absent an agreement of the parties, the court will divide the property, after considering the following factors:
Alimony in South Carolina
Alimony may be awarded “in such amounts and for periods of time … as the court considers just.” Alimony (except for lump sum alimony) terminates if the party receiving it remarries or engages in “continued cohabitation” (where the party “resides with another person in a romantic relationship for a period of ninety or more consecutive days,” or for less time if “the two periodically separate in order to circumvent the ninety-day requirement”). Absent an agreement of the parties, the judge will determine the issue after considering the following factors:
Child custody in South Carolina
A custody determination basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. Absent a custody agreement, the judge will decide the issue “as from the circumstances of the parties and the nature of the case and the best spiritual as well as other interests of the children may be fit, equitable and just.”
Child support in South Carolina
Child support is determined by reference to the South Carolina Child Support Guidelines.
Miscellaneous matters
A court hearing may not enter a final hearing until at least three months after the Complaint is filed. A party’s maiden or former name may be restored.
LegalZoom’s uncontested online divorce service is an inexpensive way to file for divorce if you and your spouse agree on most major issues. Otherwise, you can talk to an attorney for advice or help filing for divorce through the LegalZoom personal legal plan.
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
'Inc.' in a company name means the business is incorporated, but what does that entail, exactly? Here's everything you need to know about incorporating your business.
August 14, 2023 · 10min read
Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?
May 11, 2023 · 4min read
Considering an LLC for your business? The application process isn't complicated, but to apply for an LLC, you'll have to do some homework first.
September 6, 2023 · 11min read