Deciding to file for divorce in South Carolina raises questions for spouses, especially around residency requirements, the process required for South Carolina divorce papers, and more.
If you’re thinking about filing for divorce or want to know what’s required of you when you receive divorce papers, contact the Greenville divorce lawyers at Turner Family Law for more information on how to file for divorce in Greenville, South Carolina.
The Divorce Filing Process in South Carolina
The South Carolina divorce process begins with figuring out if you are eligible and completing paperwork you file with the court. You would then send the documents to your spouse, who would need to file a response. You and your spouse would go to court to discuss the divorce matters, which may include presenting evidence to support why you want to end the marriage.
An attorney can guide you through this process and act on your behalf.
Determine If You Qualify for a Divorce
Before you can file for divorce, you should determine if you qualify. South Carolina law only allows people to request a divorce if they meet the residency requirement and have valid grounds to end their union.
South Carolina law requires one or both spouses to live in South Carolina. If only one spouse lives in South Carolina, they must have lived here for at least one year when the divorce is filed.
Some of the allowable reasons to request a divorce include if one spouse cheated on the other one, was physically cruel, or was a habitual drunk. Another possible basis is if both spouses have lived apart for at least one year.
Write and File the Divorce Petition
Once you confirm you’re eligible to ask for a divorce, it’s time to prepare and file the petition for dissolution of marriage. In the petition, you’ll tell the court about yourself, your spouse, the marriage, your assets, why you’re asking for a divorce, and other matters. You file this document at the appropriate county clerk’s office. An attorney can help you write and file the petition.
Serving Your Spouse with the Paperwork
Once you file the divorce paperwork, you need to send it to your spouse using a formal procedure called service of process. One way to serve them with these documents is to get a summons and ask the sheriff or another process server to do this. Once the spouse receives the petition, they are required to file a response within a specific amount of time.
Consulting a Family Law Attorney
You may collaborate with a lawyer to help you through the divorce process. They can talk with you about your options and legal rights for things like alimony and child support payments. Additionally, your lawyer can write up legal paperwork that meets the requirements and advocates for your best interests. They can also represent you in court and negotiate with your spouse to develop practical ways to handle child support, custody, alimony, and property division.
Responding to a Divorce Filing
If you received divorce papers from your spouse, you need to file a response, called an answer, within a specific amount of time. The paperwork should tell you what the deadline and first court date are. In your answer, you discuss whether you agree or disagree with what your spouse said in each paragraph. An attorney can review these matters with you and help you prepare an appropriate response.
South Carolina Requires Separation Before Divorce
One factor that makes South Carolina distinct from other states is that spouses must do more than simply state that they have irreconcilable differences or that the marriage is permanently broken.
In a no-fault divorce, spouses must live separate and apart for an entire year with no sexual contact during that time before filing a no-fault divorce. However, you can also file for an Order of Separate Maintenance, which can resolve custody and the division of your marital estate where you would not have to wait an entire year to settle these issues. This order does not secure a divorce. You would need to speak with your attorney about this issue.
Grounds for Divorce in South Carolina
When filing on fault grounds, you must allege and provide evidence that your spouse is responsible for one or more of the following grounds for divorce in South Carolina:
- Habitual substance abuse
- Physical abuse
- Desertion for at least one year
- Adultery
What are South Carolina’s Residency Requirements for a Divorce?
You must meet one of two residency requirements in South Carolina before initiating a divorce.
If one spouse is not a resident of South Carolina, the other spouse must have lived in the state for a minimum of 12 months prior to filing for South Carolina divorce papers.
If both spouses are residents of South Carolina at the time you filed for divorce, you must have lived in the state for a minimum of three months.
What Is South Carolina’s Child Custody Residency Rule?
Although you are able to file for a divorce if both of you have lived in South Carolina for at least three months, the final South Carolina divorce decree cannot resolve child custody issues unless the child has lived with one parent in South Carolina for a minimum of six months or since the time of their birth if the child is younger than six months before filing.
Exceptions to this six-month rule can be difficult to prove, which makes it important to hire a lawyer if you don’t meet these grounds already.
Uncontested vs. Contested Divorce in South Carolina
You must decide whether to file for an uncontested or contested divorce in South Carolina.
To file for a simple uncontested divorce, you and your spouse must be in agreement on issues like dividing your property and debts, child support payments, and child custody or visitation arrangements where applicable. Furthermore, you must also have an agreement with the other spouse about whether either person will pay alimony for how long and how much will be paid.
Uncontested divorces can conclude more quickly than contested because the spouses are in agreement.
Contested divorces mean that you and your spouse are not able to agree on at least one aspect of post-divorce life related to child custody, division of property, or alimony. Qualified attorneys can help you prepare for both uncontested and contested divorces by walking you through each step, helping you avoid mistakes, and providing you with a resource to respond to any issues that arise.
What Happens After Filing for Divorce?
One party initiates the divorce by filing a Complaint for Divorce. This person is referred to as the plaintiff.
Once filed, the spouse (now the defendant in the matter) must be served that complaint with a Summons. This is the formal process for notifying the defendant that a divorce has been filed.
There are a few ways you can serve your spouse divorce papers in South Carolina:
- Delivering the paperwork yourself if your spouse is willing to sign “Acceptance of Service”
- Using a process server like a sheriff to hand-deliver the forms
- Sending the paperwork via U.S. certified mail return receipt requested
No later than ten days after serving the defendant, the plaintiff must file either the Acceptance of Service or the Affidavit of Service with your local clerk of court’s office.
The defendant spouse must accept and then answer the Complaint for Divorce.
The answer gives this spouse the chance to raise any defenses to or complaints about the initial papers filed by the other person.
For an uncontested divorce, the parties can then discuss and sign a settlement agreement to divide their assets and liabilities and address issues like child custody and visitation.
For contested divorces, the next step is usually a hearing, known as a Motion for Temporary Relief, at either party’s request. This is a very important hearing since it can address temporary concerns like visitation, restraining orders, and use/possession of the family home.
A judge will review written testimony from affidavits in most cases to determine these temporary measures. Most decisions from a judge at this stage will remain in place until the final divorce decree, so it’s beneficial to have a lawyer help you draft them.
Once any temporary motions are handled, your case will be scheduled for future hearings to discuss any contested issues.
Division of Marital Property
As part of the divorce process, you and your spouse will need to decide how to divide your assets. Under South Carolina law, the courts prefer to distribute marital property equitably, which may not result in an equal split.
Marital property may include most assets acquired by both spouses while they were married unless it was a gift or inheritance given to only one spouse. The length of the union, each person’s contribution to the marriage, wrongdoing committed by one spouse against the other, and whether the parties have a prenuptial agreement are some of the factors the court may use to distribute marital property.
Alimony and Spousal Support
If one spouse cannot support themselves after the marriage, the court may award that spouse alimony or spousal maintenance. Alimony may also be given or denied if one spouse harmed the other, such as through adultery or physical cruelty. Alimony payments may be made in a lump sum or on a monthly or periodic basis.
Child Custody and Support Considerations
When South Carolina courts make child custody decisions, they do so based on what is best for the children. Factors the family law judge might consider may include the children’s ages and maturity levels, their bond with each parent, and the ability of each parent to provide for the children’s needs. The judge may give both parents joint custody or award one parent sole custody based on what the court thinks would best support the children’s safety and well-being.
Finalizing the Divorce
After you or your spouse files for divorce, you would need to go through the court process of finalizing it. Part of this involves sending or responding to the petition for dissolution of marriage and attending a hearing. If you and your spouse are in a contested divorce, meaning you disagree about the reasons for the split or how to handle the legal matters, you may have to go to a trial to present additional evidence to support your side.
You and your spouse must develop a plan to resolve matters such as child custody, child support, alimony, and property division. Once you settle these and the court approves them, you may go to court and get a divorce decree or judgment for dissolution of marriage, which formally ends the marriage.
Get a Divorce Lawyer’s Help in Greenville, South Carolina
Whether you’ll be the first to file or have recently been served papers by your spouse, you may benefit from working with a compassionate Greenville, South Carolina divorce lawyer. Turner Family Law can represent your primary concerns and best interests for the entirety of your divorce trial.
Contact us at Turner Family Law for more support in filing for divorce in South Carolina.
