how do i file for divorce in sc

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.

Do you have to be separated for a year to get a divorce in SC?

South Carolina requires couples to live separately for one year before divorcing in order to obtain a no-fault divorce. If you and your spouse break that separation period, a judge may have grounds to deny your divorce.

How do I file for divorce in SC without a lawyer?

Yes. 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 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.

What are the requirements 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. Mental abuse/cruelty is not a basis for divorce in South Carolina.

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.

How long after divorce can you remarry in South Carolina?

60 days

How long do you have to be married in SC to receive alimony?

Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

How long does it take to get divorce in SC?

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.

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.

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Who gets the house in a divorce in SC?

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. It doesn’t matter if the family home bought during the marriage in only one spouse’s name; the other spouse also has a right to it.

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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