CFP®, CDFA® | Divorce Financial Planner and Mediator
The heart-wrenching decision to get a divorce often brings complicated emotions and dozens of questions along with it. However, familiarizing yourself with South Carolina divorce laws and seeking out an experienced divorce attorney can help streamline the process and prevent an unnecessarily taxing divorce hearing. A solid and supportive attorney/client relationship can ease some of the difficulties involved in a divorce.
Our staff at Simplify My Divorce, an online divorce resource organization, created this guide to help you understand the divorce process in South Carolina. We’ll explain the laws and procedures involved in a divorce case, as well as ways to minimize your costs and reach a verdict as quickly as possible.
How to File for Divorce in South Carolina
The South Carolina divorce process begins when one spouse – known as the plaintiff – files a divorce complaint against the other spouse, known as the defendant.
File the Initial Divorce Complaint
You can file your Complaint for Divorce in one of three locations, including:
· The county in which you and your spouse formerly shared a home
· The county where your spouse lives currently
· The county where you live currently if your spouse isn’t a resident of South Carolina
The complaint should include the reasons, or grounds, for your dissolution. Alongside the divorce action, you may also need to include additional forms with requests for separate support, spousal support, child custody, child support, visitation, and division of assets and debts, if applicable.
After you have filed your forms and paid the filing fee, you can serve your spouse with a copy of your Complaint for Divorce and accompanying documents. Following the service process, your spouse has 35 days to answer the complaint for divorce.
File a Request for Default Divorce
If your spouse fails to answer or agrees to the terms of the marital settlement agreement in full, you can move forward with a request for a default divorce. After the court’s office processes your request, you will receive a Notice of Hearing and a date for your appearance in a family court.
After receiving your court hearing date, you will need to complete a Report of Divorce or Annulment and Final Order of Divorce form. You will also have to find one individual to testify that you and your spouse have lived “separate and apart” for at least one year.
The family court judge will question you and your spouse about the divorce forms, your marriage, and the separation during the divorce proceeding. Then, your judge will sign the Final Order of Divorce and grant your dissolution. When you file the form with the Clerk of Court, your divorce will be final.
Disputed Divorce Process
However, your case will enter the mediation and negotiation process if your spouse:
· Disagrees with any of the terms
· Disputes the request for divorce
· Files a counter-complaint
At this point, you and your spouse will work with trained mediators or attorneys to reach a settlement agreement.
If you cannot reach an agreement, your case will proceed to court for a divorce hearing. There, South Carolina family court judges will hear your cases, review information, and make decisions regarding complex issues, such as:
· Spousal support
· Child support, custody, and visitation, if you have minor children
· Property division
· Debt division
Is South Carolina a Fault or No-Fault State?
In South Carolina, a judge may grant you a fault-based or no-fault divorce. To receive a no-fault divorce, you must file based on the ground of one-year continuous separation without cohabitation. This means that you and your spouse must have lived in separate homes for at least 365 days to qualify for a one-year separation divorce.
You may also receive a fault-based divorce for specific actions or behaviors. South Carolina state law recognizes four marital fault-based grounds, as follows.
1. Marital misconduct
2. Desertion
3. Physical cruelty
4. Habitual drunkenness or drug use
How to Obtain an Expedited Divorce in South Carolina
You and your spouse may be eligible for an expedited, or simple, divorce if you meet the residency requirements set in place by the South Carolina Judicial Department. You and your spouse must also meet additional criteria to qualify, as follows.
· You must have had one year of continuous legal separation without cohabitation or sexual relations.
· You must have no shared property or debt, or you must agree on a settlement regarding the division of property, assets, and debt.
· You must not have any children together or expect any in the future. If you do have children together under the age of 18, you must have reached a settlement that outlines custody, visitation, and support plans, per the South Carolina Child Support Guidelines.
Divorce Papers Needed to File for Divorce in South Carolina
To begin the marital litigation process, you must complete several legal documents, including:
· Complaint for Divorce
· Summons for Divorce
· Family Court Cover Sheet
· Certificate of Exemption
· Financial Declaration Form
After completing and signing the required forms, you will need to pay filing fees at the courthouse before serving your spouse and moving forward with your divorce.
How Long Does a Divorce Take in SC?
The length of the South Carolina divorce process varies based on several factors. You can typically request a final hearing in a South Carolina court 90 days after filing for divorce based on marital fault.
On the other hand, no-fault divorces require you and your spouse to live “separate and apart” for 365 days before requesting a court date for your hearing. As a result, a no-fault divorce may take 12 months or longer.
How Long Does an Uncontested Divorce Take in South Carolina?
If you and your spouse proceed with a simple, uncontested divorce, you may receive a final divorce order within two to three months of filing.
How Long Do Contested Divorce Cases Take in SC?
Contested divorces typically last longer than uncontested divorces because they involve several steps, including:
· Negotiation, mediation, and discovery process that could take months
· A court hearing
· Settlement decisions In total, a contested divorce could easily last a year or more.
How Much Does It Cost to File for Divorce in SC?
You can expect to pay about $150 in fees to file for divorce. You may incur additional expenses if you need a temporary hearing, hire a process server or sheriff to deliver forms to your spouse, or use other legal services before or during the filing process.
How is Alimony Determined in SC?
South Carolina has no formal rules or equations used to determine alimony. Instead, your judge will base their decision on several factors, including:
· The existence and amount of support from a prior marriage
· Each spouse’s income potential
· How long the spouses were legally married
· The age and physical and emotional condition of each spouse
· Each spouse’s ability to seek employment
· Each spouse’s economic circumstances
· The property that each spouse owns
· Tax consequences of a separate maintenance decree
· The standard of living enjoyed during the legal marriage
· Each spouse’s personal conduct during the marriage, as alleged by the grounds for divorce
· Any other factors that the court considers relevant
After reviewing these factors, the court may decide to award you or your spouse one of five types of alimony, as follows.
1. Periodic, permanent alimony
2. Lump-sum alimony
3. Rehabilitative alimony
4. Reimbursement alimony
5. Separate maintenance and support alimony
It’s important to remember that South Carolina code section 20-3-130(A) prohibits a spouse from receiving alimony if they have committed adultery. That said, the code only applies if the affair occurred before:
· The spouses signed a written property or settlement agreement
· One spouse filed a separate maintenance action
How is Marital Property Divided in SC?
South Carolina does not recognize community property, which means that the courts will not divide your and your spouse’s assets in half. Instead, the state will split assets, debt, and property in a “fair and equitable” manner, based on equal distribution guidelines.
With that in mind, you and your spouse may prefer to submit a settlement agreement with your divorce paperwork outlining property division based on previously agreed-upon terms.
SC Divorce Requirements You Need to Know
You or your spouse must have lived in the state for at least a year before filing for divorce in South Carolina. However, if you both lived in-state for at least three months, the state has “personal jurisdiction” over your case, which means that you may file for a dissolution.
The courts may recognize a common law marriage if you and your spouse have lived together for an extended period and both spouses classify themselves as a married couple. For legal advice regarding common law divorce and division of assets, contact an attorney.