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How is property divided in a divorce in South Carolina?

How is property divided in a divorce in South Carolina?

Unlike many other states, South Carolina is not a community property state. In our state, the marital property in a divorce is not divided 50/50. Instead, it is distributed in a manner that is fair and equitable to both parties, which may not necessarily be an equal distribution.

When to get a divorce in South Carolina?

If you want a divorce in South Carolina but cannot meet those divorce law requirements, you may apply for a no-fault divorce, but only after living separately and apart from your spouse for a year.

Are there no fault grounds for divorce in South Carolina?

The fault grounds for divorce in South Carolina are adultery, habitual drunkenness, physical cruelty, and desertion for a period of one year (which is not really used anymore). The only no-fault ground for divorce in South Carolina is one year continuous separation. 19. Can you get a divorce without going to court?

Who is the defendant in a South Carolina divorce?

The Defendant is the spouse who does not file the initial divorce papers, but rather receives them by service. Court Name: State of South Carolina, The Family Court of the __________ Judicial Circuit. This is the South Carolina court where the divorce will be filed.

Can a military spouse file for divorce in South Carolina?

Normally, getting a divorce requires a one year minimum residency in South Carolina. The state will allow a service member to file for divorce in the state if they have been stationed on a South Carolina military base for a year, including off-shore naval ships, even if they do not intend to remain in the state.

Is South Carolina a “no fault” state for divorce?

Yes, South Carolina is a no-fault state. This means that you don’t have to articulate a reason in order to get divorced – like adultery, abuse, etc. As long as the couple agrees to divorce, they can do so as long as they’ve lived apart for at least 1 year. Also, you can divorce based on the fault of one of the parties.

How do you file a divorce in South Carolina?

How to File for Divorce in South Carolina. Step 1 – Download divorce papers for South Carolina using one of the buttons above. Step 2 – The spouse who decides to file for divorce must complete the forms and then file them with the Circuit Court Clerk’s Office in the county where he or she resides, in addition to paying the proper filing fee.

What are the grounds for divorce in South Carolina?

South Carolina has five grounds for divorce. They are listed in S.C. Code § 20-3-10. Four are considered fault grounds: adultery; habitual drunkenness or narcotics abuse; physical cruelty and one year’s desertion.

What are the separation laws in South Carolina?

Separation in South Carolina The One-Year Requirement. The court requires you to live apart from your spouse for at least a year before it grants the divorce. Living Apart. Spouses must live apart to get an Order of Separation. Getting a Settlement Agreement. Getting the Order of Separation. A few words of caution…. Contact us!

Is South Carolina an alimony state?

How is Alimony Granted? In the state of South Carolina, in the proceedings for divorce from the bonds of matrimony, or following a such proceedings, the court may grant alimony or separate maintenance and support in such amounts and for such terms as the court finds appropriate.

Does it matter who files for divorce first in South Carolina?

The initial pleadings filed with the Court to begin the case contain the moving spouse’s allegations as to the basis for the divorce. By being the first to file, your pleadings will most likely be the first ones the Judge reads and your attorney will be the first one to make his presentation at most hearings.

What is the most common type of alimony?

durational alimony
The most common form of alimony is durational alimony. This is alimony that is set for a certain number of years, but it cannot exceed the length of the marriage. This is where the court will usually “split the baby” and make durational alimony half the length of the marriage.

What happens to alimony in a South Carolina divorce?

Under the current law, if the judge does order alimony it is what is called “permanent perodic alimony” and you could end up paying alimony for the rest of your life or the rest of your ex’s life, whichever comes first. If alimony is at issue in your South Carolina divorce, you should absolutely retain an attorney to represent you.

Who is the plaintiff in a divorce in South Carolina?

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 the Plaintiff. Once the case is filed, the other spouse is personally served with a certified copy of the Summons and Complaint.

What is the South Carolina alimony law?

South Carolina law prohibits alimony to spouses who committed adultery before the formal signing of a written property or marital settlement agreement or before a permanent order of separate maintenance and support. (S.C. Code Ann. §20-3-130 (A).)

What are the causes for divorce in South Carolina?

  • Adultery
  • Physical cruelty
  • Habitual drunkenness (alcohol or drugs)
  • Desertion