Divorce in South Carolina
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Top Resources for Divorce in South Carolina
Finances, Property and Support
One of the most stressful parts of divorce is deciding who gets what and determining who must pay off marital debt. Spouses must reach agreements on things like splitting assets and debts, either on their own or with outside help from a mediator, financial advisor or attorney.
Other Important Topics about Divorce in South Carolina
Just as every couple is different, so is every divorce. Some couples can use checklists and other free resources to DIY their divorce through the South Carolina court system, while others need more help.
Others, including couples with at least one spouse in the military or couples with complicated scenarios (substantial assets, debts, custody concerns, an uncooperative spouse), must follow additional rules.
Related Topics
Important Information About Divorce in South Carolina
What is the waiting period in South Carolina?
Fault-based: 90 days
No-fault: after 1 year continuous separation
What is the do you need to be separated before filing for divorce? if so, how long? in South Carolina?
If desiring to a no-fault divorce, parties must live seperately for at least one year.
What is the property (e.g., separate property / equitable property) in South Carolina?
Equitable Distribution
What is the filing fee in South Carolina?
$150 Filing Fee Required
What is the joint petition possible? in South Carolina?
No
What is the how do you waive filing fee? in South Carolina?
If you cannot afford to pay the initial $150 filing fee, you may file a motion called the “Motion and Affidavit to Proceed In Forma Pauperis” asking the judge to waive the filing fees. The appropriate form can be found here: http://www.sccourts.org/forms/pdf/SCCA405F.pdf
What is the annulment rules in South Carolina?
- Duress
- fraud
- bigamy
- incest
- mental incompetence
- underage
- no cohabitation.
What is the is there a faster way to divorce? (e.g., summary dissolution in ca) in South Carolina?
Uncontested is the fastest.
What is the what are the parties divorcing called? in South Carolina?
Plaintiff/Defendant
What is the methods of serving the petition (or equivalent) + can the respondent waive service? in South Carolina?
Service of process can be done in one of four ways: US mail, personal service (with completed acceptance of service form), sheriff's office, private process service, service by commerce delivefy service
What is the what are the residency requirements for divorce? in South Carolina?
The plaintiff must have resided in this state at least 1 year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only 3 months prior to commencement of the action.
What is the does it matter who files first? in South Carolina?
No.
What is the what is the deadline for the response (or equivalent) in South Carolina?
30 days to file a Defendant's Answer
What is the are the parties required to go to court? describe in South Carolina?
Yes. In an action for divorce only, there is one hearing, a final divorce hearing. This hearing is scheduled for 15 minutes, and is purely to determine whether the requirements for divorce on the ground requested have been met.
What is the are there requirements before you can file or finalize your divorce (like classes, etc) in South Carolina?
At the judge's discretion spouses may be ordered to attend parenting classes.
What is the is separation required before you can finalize your divorce? in South Carolina?
Yes. You must have lived separately and apart for one year
What is the no-fault state? in South Carolina?
Both. For a no-fault divorce, the parties must have lived separate and apart without cohabitation (not just in another room) for over one year.
What is the if fault, what are the grounds? in South Carolina?
Adultery, habitual drunkenness, physical cruelty, and abandonment
What is the permanent alimony/spousal support? in South Carolina?
Yes.
What is the alimony/spousal support rules in South Carolina?
Discretion of the judge. Factors include: (1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties; (2) the physical and emotional condition of each spouse; (3) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse's income potential; (4) the employment history and earning potential of each spouse; (5) the standard of living established during the marriage; (6) the current and reasonably anticipated earnings of both spouses; (7) the current and reasonably anticipated expenses and needs of both spouses; (8) the marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action; (9) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature; (10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (11) the tax consequences to each party as a result of the particular form of support awarded; (12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and (13) such other factors the court considers relevant. Alimony and separate maintenance and support awards may be granted pendente lite and permanently in such amounts and for periods of time subject to conditions as the court considers just https://www.scstatehouse.gov/code/t20c003.php#20-3-120
What is the child support rules in South Carolina?
https://dss.sc.gov/media/1585/2014-child-support-guidelines-booklet.pdf
What is the military divorce rules in South Carolina?
A military divorce can be filed in South Carolina if either spouse lives in the state, the military member is stationed in South Carolina or if South Carolina is the legal residence of the military member. The legal residence is the state the member uses for tax purposes. However, that does not necessarily mean that the divorce can proceed. Under the Servicemembers Civil Relief Act (SCRA), military men and women are protected from lawsuits including divorce proceedings to enable them "to devote their entire energy to the defense needs of the Nation." A court may delay legal proceedings in the military divorce for the time that the service member is on active duty and for 60 days following active duty. Another problem may be the service of the divorce complaint if the military member is deployed. You can request that military serve your spouse, but he or she must consent to service.
What is the is there an official spousal support calculator? if yes, link in South Carolina?
No
What is the is there an official child support calculator? if yes, link in South Carolina?
https://dss.sc.gov/child-support/calculator/
What is the when are you able to file taxes as a single person? in South Carolina?
If you complete your divorce on or before Dec. 31 (the final day of the tax year) then you can file as single. If the new year starts before your divorce becomes official, the IRS will still recognize you as married, and therefore allow you to file a joint return for the previous year. You can file separately though (as married).
What is the can parties legally separate? if so, how? in South Carolina?
No
What is the where do you file for divorce? (e.g., resident county, etc.) in South Carolina?
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.
What is the what are the rules for filing in this place? in South Carolina?
File the divorce papers with the court clerk in the Family Court Division.
What is the what are the primary documents generated for divorce called? in South Carolina?
Summons/Complaint
What is the can you change your name during the divorce process? if so, how? in South Carolina?
Include a clause in the petition to restore your maiden name. You may be asked to testify in a court hearing to state your request to change your name.
What is the can you finalize your divorce while pregnant? if yes, how? in South Carolina?
Not usually.
What is the if you can't divorce while pregnant, what are the rules to get a divorce after pregnancy? in South Carolina?
If you are married and wind up pregnant at any time prior to the divorce being finalized, the court or judge is going to “stay” (hold open) the court proceedings and not allow the divorce to go through until after the baby is born
What is the info on ending domestic partnerships
(formerly "can you end a domestic partnership at the same time as divorce") in South Carolina?
https://www.scstatehouse.gov/code/t33c042.php
What is the are financial disclosures required? if so, explain in South Carolina?
South Carolina Rules of Family Court requires each party to file and serve a current financial declaration “[i]n any domestic relations action in which the financial condition of a party is relevant or is an issue to be considered by the court…” Financial declarations must be filed and served “prior to or at the first hearing, or no later than 45 days after the complaint is served, whichever occurs first.”
What is the is there free legal help for divorce in this state? if so, where and how do you access? in South Carolina?
South Carolina Legal Services: Homehttps://sclegal.org
What is the is there common law marriage? in South Carolina?
By a ruling of the South Carolina Supreme Court, the state no longer recognizes common law marriage as of July 24, 2019. (Stone v. Thompson, 426 S.C. 291 (2019).)
What is the e-filing? in South Carolina?
https://www.sccourts.org/efiling/
What is the e-filing? in South Carolina?
Maybe
What is the court required? in South Carolina?
Yes
What is the are you required to appear in court at any point in the divorce process? in South Carolina?
During the hearing, the judge will ask questions about your documents, marriage, and separation. You may use a sample script from the South Carolina Judicial Branch website to prepare yourself. After granting your divorce, the judge will sign the Final Order of Divorce. Your divorce is not final until the judge signs the order and files it with the court.
What is the more divorce information: in South Carolina?
Yes, and it appears to be mandatory. https://www.courts.ri.gov/efiling/Pages/default.aspx
