How do i file for divorce in south carolina

How Do I File for Divorce in South Carolina

Your support amount also may differ if you have shared parenting arrangements, meaning your children are with each of you more than nights a year, or you have a split custody arrangements, meaning you have two or more children, and there is at least one child residing primarily with each of you.

Alimony is not automatically a part of a divorce case, but you or your spouse may request it — unless you commit adultery before you formally sign a written property or marital settlement agreement or before the court has entered an order for separate support or an order approving your property or marital settlement agreement. Periodic alimony is a fixed, regular payment that may be revised or discontinued as your circumstances change. It ends if you remarry or live with someone, or if you or your spouse dies.

Lump-sum alimony is one single total amount, paid either all at once or periodically. The court might award this in a case where alimony is deemed appropriate, but only for a set period or a set amount. It ends if you die, but continues despite remarriage or changed circumstances. It ceases if you remarry or live with someone or if you or your spouse dies.

It is discontinued if you remarry or live with someone or you or your spouse dies. To decide whether to award alimony and if so, what kind and how much, the court will take into consideration:.

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Is there a waiting period before remarriage in South Carolina? No, you are free to remarry after the court delivers the final judgment ending your marriage. Please note: Local and state laws change constantly, therefore this information is for educational purposes only. Schedule a time to talk. Email us at welcome wevorce. Based on your responses, it sounds like you're ready for the next chapter. Wevorce's online self-guided divorce would be a great option for you and your spouse. Your ability to communicate with your spouse makes you great candidates for an amicable, colloraborative divorce.

You may also consider adding an hour or two with our expert financial professionals to help you and your spouse work through any financial challenges. You may also consider adding an hour or two with our family architects to help you and your spouse work through any parenting challenges. Special laws that supersede state laws in many instances are in place for members of the military who will be going through a divorce in South Carolina.

The Servicemembers Civil Relief Act eases legal and financial burdens of military personnel and their families who face the added challenges of active duty.

Divorce proceedings can be postponed until the servicemember finishes active duty obligations as part of the Act. 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. For military divorces, the grounds are the same as non-military divorces in South Carolina. Irreconcilable differences or one of four fault-based reasons must be stated when getting a divorce. Looking for more great tips about filing for divorce?

Check out a few of our favorite resources:. Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. You can email him at jason survivedivorce.

Please leave this field empty. State Overview State Resources. A Guide to Filing for Divorce in South Carolina Getting a divorce in South Carolina can create several emotional and financial challenges that you need to be prepared to deal with the best way that you can. Decide what kind of divorce you will go through Deciding on what divorce process to use litigation, mediation, collaborative divorce, etc. Determine what divorce forms you will need to complete Once you have decided what kind of divorce procedure you will follow, the next step is to complete a series of forms that will be submitted to the court to start your official divorce process.

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How to File for Your Divorce in South Carolina Without a Lawyer

Filing Your Divorce Documents in South Carolina If you are working with an attorney in South Carolina, they will make sure all the forms are correct, and walk you through the necessary steps involved with filing your papers with the court. Serving Your Spouse After you file your papers with the court, you must provide your spouse with a copy of those papers.

Can filing fees be waived in South Carolina? In some cases, yes. You must file this motion along with the complaint you are trying to file. When someone is faced with getting divorced, he or she may have lots of questions. It may not be something he or she has ever had to deal with.


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Maybe you are just starting to think about if getting a divorce is the right path for you and your family. Or maybe you and your partner have fully discussed it and know that getting a divorce is the best option. Keep reading to hear the answers to some frequently asked questions about getting a divorce in South Carolina. After being served with divorce papers, you should immediately consult with a family law attorney.

Please remember, there are procedural rules and laws that the average may not be aware of.

Talk to a Divorce attorney.

For example, divorce complaint must be answered within thirty 30 days. In addition, if a temporary hearing has been requested, the attorney will need to get to work right away. There is not a separate divorce court in South Carolina. All divorces are heard in the Family Court.

Complete Guide to Filing for Divorce in South Carolina | Survive Divorce

All hearings leading up to the divorce will also be held in Family Court. A divorce is public record. The Clerk of Court keeps a file of every divorce. There is not a form to file for a divorce. A person must file a summons and complaint to file for divorce. The complaint will need to contain case-specific language based on what the person is requesting from the court.

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A person gets a divorce by filing a summons and complaint, waiting the required amount of separation time, proving the elements of fault if applicable and if the other person does not admit his or her misconduct , and requesting a divorce from the court. If there are other issues such as property division or custody, the parties will also need to go to mediation if no agreement can be reached. A divorce is the dissolution of a marriage. It brings the legal marriage to a legal end.


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An annulment is a declaration by the Family Court that the marriage was invalid. If an annulment is granted, it will be as if the parties were never married. Grounds for annulment include fraud and duress. The cost of a divorce varies. In addition, the number of hours an attorney has to work on a case depends on the case. For example, if there is a lot of property to divide or if the parties cannot agree and the case must go to trial, the amount of time an attorney will spend on the case will likely increase.

Most attorneys bill hourly for contested divorce cases, and the more the attorney works, the more it costs. Divorce counseling or marriage counseling is not required.