No, you do not need an attorney to file for divorce, but you are strongly encouraged to seek the advice of an attorney. If you are seeking a divorce based on a one (1) year continuous separation from your spouse, you may file without the help of an attorney. … You can also complete the divorce packet online on S.C.
How do I start the divorce process in South Carolina?
In South Carolina, a divorce begins with the filing of a summons and complaint for divorce. After that paperwork is submitted to the clerk of family court, it has to be served on the other spouse such as by personal delivery by a process server.
How much does it cost to file for divorce in SC?
The filing fee for a divorce is $150. If the parties need a temporary hearing, there is an additional $25 filing fee.
How much does an uncontested divorce cost in South Carolina?
In South Carolina, the fees are about $150. If you want to know the exact amount, you can call the courthouse and ask. Filing fees underwrite the cost of the court system, but in the case of indigent petitioners these fees may be waived.
How do I get a free divorce in South Carolina?
Complete the South Carolina Self-Represented Litigant Simple Divorce Packets online using a free, interactive program provided by South Carolina Legal Services. This program allows you to quickly and easily complete the divorce packet by answering simple questions online. Visit www.lawhelp.org/sc for more information.
Can you date while separated in SC?
Can I Date While I Am Separated in South Carolina? There is no law that specifically states that you may not date another person while you are separated. … Dating’s Impact on Child Custody & Visitation – Just because a spouse commits adultery, it doesn’t necessarily mean that parent is a bad parent.
What is considered abandonment in a marriage in SC?
In South Carolina, abandonment or desertion is defined as not living together for a period of one year, without justification or consent of the other spouse.
Do you have to file for separation before divorce in SC?
South Carolina does not require couples to formally file for separation before filing for divorce. However, couples must live separately from one another for one year prior to filing for a no-fault divorce.
Who gets the house in a divorce in South Carolina?
Only Marital Property will be Divided
All the marital property must be divided between the spouses when the marriage ends. Generally, non-marital property is property that either belonged only to one spouse before marriage or was acquired after the filing for divorce.
What are grounds for divorce in SC?
There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina.
How long after divorce can you remarry in South Carolina?
Divorced couples may face an additional remarriage waiting period, up to 90 days.
State waiting times for remarriage after divorce.
|To remarry after divorce||To apply for a marriage license|
|South Carolina||No restrictions||24 hours|
|South Dakota||No restrictions||No restrictions|
|Tennessee||No restrictions||No restrictions|
|Texas||30 days||72 hours|
How long does an uncontested divorce take in SC?
Divorces in South Carolina Family Court can take anywhere from 90 days to well over a year or longer.
Is South Carolina a alimony state?
In South Carolina, when a spouse requests alimony, the court has the discretion to make an appropriate alimony order, considering the couple’s circumstances. South Carolina law provides for the following types of alimony: Alimony pendente lite.
What qualifies you for alimony in SC?
South Carolina believes that reimbursement is required for the supported spouse based on his or her reasonable expectation that the years of sacrifice would lead to mutual benefits. Alimony can generally be awarded despite the supported spouse’s fault in the breakup of the marriage.
How is South Carolina child support calculated?
In turn, a child support obligation is computed for each parent by multiplying that parent’s portion of the shared custody child support obligation by the percentage of time the child(ren) spend(s) with that parent.
Does it matter who files for divorce first in SC?
The initial pleadings filed with the Court to begin the case contain the moving spouse’s allegations as to the basis for the divorce. … By being the first to file, your pleadings will most likely be the first ones the Judge reads and your attorney will be the first one to make his presentation at most hearings.