How to File for Divorce in South Carolina

According to the South Carolina Bar, there are five grounds for divorce in South Carolina. This includes adultery, habitual drunkenness, physical cruelty, abandonment, and no fault. These are based on the parties living separately and apart for at least one year. Mental abuse or cruelty is not a basis for divorce in South Carolina.

Furthermore, divorces are granted in specific courts, designated as Family Courts. Family Court Judges have jurisdiction over divorce, separations, child custody, visitation, child support, spousal support, and alimony. Their discretion extends further to a division of marital property, including retirement and pensions.

Moreover, a divorce action may be initiated as a separate case, only requesting a divorce from the other spouse, once the grounds for the divorce are proven, or as part of an action including separate maintenance and support.

To have the request for divorce as part of a case for separate maintenance and support, the parties need to satisfy the separation requirement before filing. Alternatively, the filing spouse must be able to prove the fault ground(s) alleged in the Summons and Complaint.

Additionally, a divorce action is started when one spouse, or their attorney, files a Summons and Complaint, stating the grounds on which they wish to be divorced from the other spouse, and, if applicable, how they would like to proceed in dividing marital assets and debts. If there are minor children from the marriage, child custody, visitation, and support would be included in the Complaint. The party who files the case is known as the Plaintiff.

Keep in mind that once the case is filed, the other spouse is personally served with a certified copy of the Summons and Complaint. The spouse’s attorney, if they have one, may accept service of the Summons and Complaint on behalf of their client. After, they have 30 days to file an Answer, responding to the allegations in the Complaint and Counterclaim, outlining how they want the court to address the issues revolving around the case.

Lastly, in an action for divorce only, there is one hearing, a final divorce hearing. This hearing is scheduled for 15 minutes and is to determine whether the requirements for divorce on the ground requested have been met. A third-party witness is mandated to corroborate the testimony of the party claiming that the grounds for divorce have been satisfied.

To file for divorce in South Carolina, either you or your spouse must reside in South Carolina for at least one year before you file, or you both must live in South Carolina for at least three months before you file.

What are the Basic Steps for Filing for Divorce?

The Women’s Law Organization states that, while divorce laws vary by state, here are the basic steps:

• First, you must meet the residency requirements of the state in which you want to file;
• Second, you must have grounds (a legally acceptable reason) to terminate your marriage;
• Third, you must file divorce papers and have copies sent to your spouse;
• Fourth, if your spouse disagrees with anything in the divorce papers, they will have the opportunity to file papers explaining their side. This is referred to as “contesting the divorce.” In this case, you will have to attend a series of court appearances and deal with the issues.
  • If your spouse does not disagree with anything, he should sign the papers and send them back to you or the court. This is known as the “uncontested divorce.” If a certain period passes and your spouse does not sign the papers or file any papers of their own, you may be able to proceed with the divorce as an uncontested divorce anyway; and
• Fifth, if there is a property that needs division, or if you need financial support from your spouse, you will have to collaborate that out in an out-of-court settlement, or a series of court hearings. Custody may also be decided as part of your divorce.

What is the Timeline for a Divorce?

According to divorce, if you are filing for divorce in South Carolina here are some things to keep in mind:

• The plaintiff must have resided in the state for at least a year before filing for divorce;
• If the plaintiff is a non-resident of South Carolina, the defendant spouse should have lived for at least one year before filing for divorce. They must do this provided that both spouses were the residents of South Carolina when the action for divorce was filed and the plaintiff should have lived in the state only three months before filing for divorce; and
• The divorce must be filed or the action for support and maintenance should be filed in the county where the defendant lives when the action was started. The county where the plaintiff lives in case the defendant is a non-resident or if they cannot be located. The county where both spouses last lived as a married couple, unless the plaintiff’s spouse is a non-resident, in which case, the divorce must be filed in the county where the defendant resides.

Furthermore, the final divorce decree will be granted within three months of filing the divorce complaint with the court. However, if the plaintiff filed for divorce on the grounds of being separated from their spouse for one year or desertion, then the hearing will be held and the divorce decree will be issued once the responsive pleadings are filed or if the defendant spouse is ruled to be in default.

What Documents are Needed for Filing for Divorce?

The basic forms needed to initiate the divorce process in South Carolina include :

• Family Court Cover Sheet: This is filled in by the plaintiff and contains the contact information and information about the type of divorce action;
• Certificate of Exemption: This certifies that the divorce action is exempt from mediation and that both spouses have concurred on custody, visitation, etc;
• Summons: Informs the defendant that a divorce action has been filed and grants them 30 days to file their “answer” or accept a default judgment;
• Complaint for Divorce: Specifies that both parties qualify for a simple divorce and waive claims for spousal support; and
• Financial Declaration Form: This consists of information about the financial situation of both spouses. This form must be signed in front of the notary public only.

Moreover, once you have completed the forms, you can file the papers with the court clerk in the county where your spouse and you lived together as a couple. It can also be done where you reside in case your spouse is not a resident of the state or in the county where your spouse resides when you are filing for divorce. If you are filing for divorce in the state of South Carolina, but do not live here, then you should file for divorce in the county where your spouse resides.

When Do I Need to Contact a Lawyer?

If you reside in South Carolina and are dealing with a divorce action, it is highly recommended to seek out a South Carolina divorce attorney to assist you in your case. It can be useful when there are also other issues attached to the divorce case, such as custody or visitation.