South Carolina Divorce Process – Step-by-Step Guide 2024

You may not know that there are multiple steps in the South Carolina divorce process. You first must be eligible to file for divorce, and even when you are, the legal matter isn’t a done deal upon submitting the marriage dissolution form. Be sure to consult with a qualified and experienced divorce lawyer when preparing for the marriage dissolution process and the numerous proceedings involved.

Qualifying for a Divorce in South Carolina

In order to file for divorce in South Carolina, you or your spouse must meet the residency requirements. To qualify, the filing party must have resided in the state for a period of at least a year at the time of submitting the divorce complaint. Alternatively, if both spouses have been state residents for at least three months when filing for divorce, they meet the residency qualification, and the case can proceed.

Additionally, you and your spouse must have satisfied the terms of the mandatory waiting period that is required before you can officially file for divorce. If filing for a no-fault divorce, there is a one-year waiting period during which the spouses must live separately and apart from one another in different residences.

If, during this waiting period, the spouses happen to temporarily cohabitate or reconcile, the waiting period restarts, and another year of consecutive separation must transpire if they wish to pursue marriage dissolution. In South Carolina, traditional grounds for fault-based divorce include habitual drunkenness, adultery, desertion of at least a year, physical cruelty, or drug addiction. If the filing party is pursuing a divorce for one of these faults, no separation period is required.

Steps for the Marriage Dissolution Process

Once you qualify for a divorce in South Carolina or you will soon and are preparing for the proceedings, the procedural steps are as follows:

• Consult with a divorce attorney: Finding a family law professional to protect your interests and represent you during the divorce proceedings is incredibly important. Divorce lawyers are familiar with the process and the numerous applicable laws, ensuring the proceedings go smoothly, fairly, and properly.
• Document preparation: Various forms will need to be correctly prepared and filed with the appropriate county court. Relevant documents include the family court cover sheet, the summons for divorce, the complaint (grounds) for divorce, a financial statement declaration, and a certificate of exemption.
• Filing the petition: Once all the paperwork is filled out, the forms must be filed with the Clerk of Court’s office. You can either file the divorce in the county where you and your spouse last lived together, the county where the non-filing party resides at the time of filing, or the county where you currently live if the defendant is not a resident. If you are not a state resident, you must file where your spouse lives.
• Serving the divorce papers: The spouse who is not filing for the divorce must be served the papers to notify them of the case by the plaintiff party. The served spouse must also sign the mandatory “Acceptance of Service” form that verifies their acknowledgment of the court filing.
• Disclosing your finances: A comprehensive and transparent financial declaration is required in any South Carolina family law case. Your financial disclosure should include your bank and credit card statements, pay stubs, personal tax returns, retirement and savings account details, and information regarding any business ownership or various investment interests.
• Mediation for contested child custody or support: If any issues concerning child custody or child support are contested between spouses, state law requires a mandatory mediation process to reach an agreement.
• Negotiating a divorce settlement agreement: Both parties must reach a divorce settlement agreement, which includes the terms of property division and spousal support (alimony).
• Finalizing paperwork and last divorce hearing: If the judge finds the proposed agreement fair, they will sign the Final Order of Divorce. This decree must be filed with the county clerk’s office.

FAQs

Q: Do You Have to Be Separated for a Year to Get Divorced in SC?

A: There is a required separation period for spouses pursuing a no-fault divorce. Within a no-fault divorce, spouses don’t have to cite specific grounds for divorce but must live apart in separate residences for a consecutive year before filing. If spouses reconcile or cohabitate during this time, the waiting period starts over. Fault-based divorce doesn’t require a separation period.

Q: What Types of Alimony Are There in South Carolina?

A: South Carolina has various types of alimony, a form of financial support paid by one spouse to the other. These types include:

• Periodic permanent– Fixed recurring payments
• Lump-sum– Fixed one-time payment
• Rehabilitative– A fixed amount awarded after short marriages wherein a spouse shows the capability to become self-supportive
• Reimbursement: Compensation for sacrifices made in support of a spouse’s education or business
• Separate maintenance/support: Awarded to separated spouses until the divorce is finalized, one spouse dies, or either party starts cohabitating with another person

Q: How Is Property Divided in a South Carolina Divorce?

A: South Carolina divorce law states that all marital property must be distributed equitably between spouses. Spouses have a right to an equitable half of all property incurred during the span of the marriage up until the filing for divorce.

Marital property includes real estate, personal property, debt, etc. Non-marital property is not subject to division, including one’s property prior to marriage, gifts, inheritance, or other exempt assets within a prenuptial or other written agreement.

Q: Do I Have to Get a Divorce Lawyer in South Carolina?

A: South Carolina law doesn’t require you to hire a lawyer in order to file for divorce, but it’s highly recommended. Divorce proceedings can quickly become convoluted and overwhelming, even contentious, for the vast majority of people.

Despite being on good terms with your spouse or having a relatively simple case, it is important to have strong legal counsel to protect your rights, ensuring you receive what you’re entitled to and that all proceedings are conducted in a fair and correct manner.

Reach Out to a Skilled Divorce Attorney to Guide You Through Every Step

By seeking legal counsel from the seasoned legal team at Kinney Law Firm, you can feel confident that your divorce case is in capable hands. Contact us today to schedule an initial consultation with a compassionate family law professional.