South Carolina Divorce
Information and FAQ
South Carolina law permits no-fault divorces based upon living
separate and apart without cohabitation for at least one year.
Additional grounds include; adultery, desertion, physical cruelty
and addiction to drugs or alcohol. 3-20-3-10 Residency requirements
South Carolina law requires that one of the spouses must be a
resident of the state for a minimum of one year (three (3) months if
both parties are residents of South Carolina) immediately prior to
the filing of the petition for divorce. 3-20-3-30
Venue The petition for divorce must be filed in the county in
which the defendant resides at the time of filing, or where the
plaintiff resides if the defendant is a non-resident or cannot be
found. The petition may also be filed in the county where the
parties last shared a residence, unless the plaintiff is a
non-resident, in which case it must be filed in the county where the
Defendant resides. 3-20-3-60
Name of court and title of action/parties An action for divorce
in the State of South Carolina is filed in the Family Court. The
title of the action initiating the divorce action is the Complaint
for Divorce, while the title of the action granting the divorce is
referred to as the Decree of Divorce. The party filing the action is
the Plaintiff, while the other party to the divorce is referred to
as the Defendant.
Legal separation South Carolina law permits a judgment of
separation. 3-20-3-140
Waiting period Unless the plaintiff is seeking a divorce based
upon living separate and apart without cohabitation for one year,
there is a three (3) month waiting period from the filing of the
petition before the court will grant a judgment of dissolution of
marriage. 3-20-3-80
Alimony The courts may award alimony to either spouse. Alimony
may be periodic, lump sum, rehabilitative or reimbursement type.
Adultery is considered by the court when making a determination as
to whether alimony should be granted. Factors the court considers in
determining the amount and term of alimony include:
1. The duration of the marriage and the age of the parties. 2.
The physical and emotional condition of the parties. 3. The
educational background of the parties along with the need of each
for additional training or education. 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 expenses and needs of each spouse. 7. The current and
reasonably anticipated earnings of each spouse. 8. The marital and
non-marital properties of each spouse. 9. Custody of the children.
10. Marital misconduct, and 11. Any other relevant factors.
Either party may petition the court for an order or judgment
increasing or decreasing the amount of alimony. 3-20-3-120
Distribution of property South Carolina is an equitable
distribution state. This means that the court will divide the
marital property between the parties as it deems equitable and just,
after setting aside to each spouse the separate property of each.
Some of the factors the court considers in dividing the property
between the parties include:
1. The duration of the marriage. 2. The age of the spouses. 3.
Marital misconduct. 4. Economic misconduct. 5. The value of each
party’s marital property. 6. The contribution of each spouse to
the marital estate. 7. The income of each spouse. 3-20-7-472
Child custody South Carolina courts will decide the issue of
custody based upon the best interests of the child. In determining
the best interest of the child, the court must consider the child's
reasonable preference for custody. The court shall place weight upon
the preference based upon the child's age, experience, maturity,
judgment, and ability to express a preference. Religious faith shall
also be considered in determining custody. In making a decision
regarding custody of a minor child, in addition to other existing
factors specified by law, the court must give weight to evidence of
domestic violence. 3-20-7-1515, 3-20-7-1520
Child support In a proceeding for dissolution of marriage or
legal separation, the court may order either or both parties to pay
a reasonable amount necessary for the support of a child of the
marriage. The South Carolina legislature has established child
support guidelines which establish the presumptive correct amount of
child support. Deviation from the guidelines require a specific
finding by the court that application of the guidelines would be
unjust or inappropriate and such findings must be included in the
judgment. 3-20-7-852
Name change The court, upon granting a final judgment of divorce,
may allow a party to resume the use of their former name. 3-20-3-180
|
(Customer Pays Shipping &
Handling)
