how do i file for divorce in south carolina

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 long does it take to get a divorce in South Carolina?

As a practicing Family Law attorney in Charleston, SC, clients will, very early in the process, ask me how long it will take them to get a divorce. Divorces in South Carolina Family Court can take anywhere from 90 days to well over a year or longer.

How do I file for divorce in SC?

You may use the court approved divorce packet that is available online at no cost to you, or you may buy the forms from your local Clerk of Court for a small fee. You can also complete the divorce packet online on S.C. Legal Services’ website www.lawhelp.org/sc.

Do you have to file for separation before divorce in SC?

Although spouses must separate before obtaining a divorce in South Carolina (with some exceptions), the state doesn’t formally recognize legal separations. … Either spouse may file a maintenance action seeking alimony, property orders, or child support and may also request that a judge make an appropriate custody award.

Can I date while separated in SC?

After the final divorce decree is signed by the judge. While many people believe that once they are separated from their spouse they are free to start dating again. There is no “legal separation” in South Carolina. … If you start “dating” while you are still married, there is an argument for adultery against you.

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How much does an uncontested divorce cost in SC?

Average Cost of a Divorce in South Carolina

The report also indicates that the average cost of an uncontested divorce in South Carolina is $12,600. When the spouses have minor children together, that jumps to $18,900. A divorce with alimony issues averages $17,400 while one with property division averages $17,700.

What is considered abandonment in a marriage in SC?

What Constitutes Abandonment. Desertion is defined as living apart for at least one year without consent of the deserted spouse and without appropriate justification. In addition, the deserting spouse must not intend to resume living with the deserted spouse.

What are the grounds for divorce in South Carolina?

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.

How long after a divorce can you remarry in South Carolina?

60 days

Is South Carolina a 50 50 State for divorce?

Unlike many other states, South Carolina is not a community property state. In our state, the marital property in a divorce is not divided 50/50. Instead, it is distributed in a manner that is fair and equitable to both parties, which may not necessarily be an equal distribution.

Can we take divorce before 1 year?

As per the Hindu Marriage Act petition for divorce can be allowed only after one year, before also you can file, but it is the discretion of the Court to allow the petition or not. After allowing the petition, time will take to grant divorce 6 months min. and max 7 months.

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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.

Who gets the house in a divorce in South Carolina?

Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.

How is alimony determined in South Carolina?

When deciding the type, amount, and duration of alimony, judges in South Carolina must consider each of the following factors: the duration of the marriage. the ages of each spouse at the time of the marriage and at the time of the divorce. … the current and anticipated earnings of both spouses.

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