South Carolina divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a South Carolina divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
In order to file a Complaint for Divorce in South Carolina Family Court, the plaintiff must have been a resident of the state for at least 1 year, unless both spouses are residents of South Carolina, in which case the resident requirement is only 3 months.
South Carolina Grounds for Divorce
South Carolina residents may file Complaints for Divorce according to both no-fault and fault-based grounds.
Uncontested Divorce in South Carolina
In general, uncontested divorces are simpler and quicker than those with conflicts. South Carolina uses a simplified divorce that spouses may use if they meet these qualifications:
- The parties have been separated continuously for a period of 1 year or more
- They have no marital property or have reached an agreement about their property
- They have no marital debt, or have reached an agreement about dividing that debt
- They have no minor children, or have reached an agreement about custody and support
Contested Divorce in South Carolina
If the parties cannot agree about the claims and conditions of the divorce, they must continue through the divorce process, eventually proceeding through to the final court hearing when a judge will order the settlement terms. It is difficult to present a spouse’s case without the help of a divorce attorney.
Annulment in South Carolina
An annulment is the legal means for declaring an illegal marriage null and void. This process is rare, however, since these grounds for annulment are difficult to prove:
- Mental incapacity
- Fraud
- Underage marriage, for those under 18 without a notarized statement of parental consent, and for females under 14 and males under 16, even with parental consent
- Impotency
- Duress
- Venereal Disease (STD)
No Fault Divorce in South Carolina
In South Carolina, the grounds for a no-fault divorce are living separate and apart for 1 year or more without cohabitation.
South Carolina Fault Divorce
South Carolina allows divorces for fault-based, or general, grounds that include the following:
- Adultery
- Desertion for 1 year or more
- Physical cruelty
- Habitual drug abuse or drunkenness
South Carolina Divorce and Child Custody
Child Custody Laws
Aside from the gender of the parent, there are a number of factors influencing the custody decision of the court:
- The child’s preference, when appropriate
- Any evidence of domestic violence
- The nature of the divorce
- The religious faith of the parents
- The current situation
Child Alimony (South Carolina Child Support)
South Carolina considers it the responsibility of both parents to be responsible for the support of their child. They generally use the official state child support guidelines unless there are extenuating circumstances:
- Extra educational expenses for the child
- Distribution of property
- Consumer debts
- The number of children, if there are 6 or more
- Extra medical or dental expenses that have not been reimbursed
- Other payments ordered by the court
- The child’s financial assets
- The disparity in the parents’ income
- The effect spousal support would have on the circumstances
- Any prior agreements
Parents in South Carolina use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.
South Carolina Divorce Spousal Support
When one party, often the custodial parent of any children, has to immediately become self-supporting, the court may order spousal support, based on a number of factors:
- The length of the marriage
- The spouses’ age and health
- The spouses’ education and ability to produce income
- The employment history and earning potential
- The marital standard of living
- The spouses’ current income and expenses
- The spouses’ assets
- Custody orders
- The tax implications
- Any other support obligations
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court.
Temporary Spousal Support
Determined at the discretion of the court.
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in South Carolina
Spouses in the military are protected by South Carolina law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help from a South Carolina Divorce Lawyer
For many couples, there are varying degrees of conflict in a divorce proceeding. While the process continues, they continue to attempt to negotiate a settlement while preparing for a court appearance if necessary. Without the help of a veteran South Carolina divorce attorney, that challenge can be daunting, or even impossible.