Learn How to File for a South Carolina Divorce and Prepare for a Court Hearing

Each and every state in the United States has its own set of divorce laws and regulations and South Carolina is no exception to this. Here, if you are looking to get a divorce from your spouse, you need to be familiar with and abide by the documented rules for divorce in this state. Yes, you need to know the regulations and as well as how to file for divorce in the state.

There is no point in filing a divorce lawsuit if it gets rejected at an early date. The fact is that this is precisely what might actually happen if you place your petition for divorce at a court that does not have the legal authority to hold hearings of your case. Thus, before initiating a divorce motion, you need to be sure of the precise jurisdictional rights of the South Carolina court where you are making the appeal.

Residency Requirements in the State

At the very beginning, you must also know about the residency requirements, non-fulfillment of which can easily render you ineligible of starting a divorce process. If you wish to petition the court seeking marital separation, you have to be living in the state for a period of at least 1 year before you can file for divorce. Do remember that the court in either your or your spouse’s county (as well as those in the county where you last resided as a married couple) have the authority to accept your divorce petition.

The Grounds for Divorce

The South Carolina divorce law clearly spells out the grounds or basis of which you can place the initial divorce petition (legally termed as the Complaint of Divorce). There are two types of such divorce-initiating grounds – the ‘no-fault’ ground and the ‘at-fault’ ground.

The ‘no-fault’ ground can be cited as the cause for seeking divorce if you have been living separately (with different sleeping quarters) for a period of at least 1 year.

Alternatively, there are many ‘at-fault’ grounds on which you can file the case. For example, if your spouse has severe addiction problems, mentally and/or physically abuses you, or has deserted you out of his/her own free will (for 1 year or more), these serve as sufficient reason for you seeking a separation. Adulterous behavior on the part of your spouse is of course also accepted as a valid ground for divorce.

It is good to be aware of some basic terminologies used in divorce cases in South Carolina. If you are the one who has placed the initial petition for divorce at the court, you are known as the 'plaintiff.' Your spouse in such a case is the 'defendant' of the divorce lawsuit.

The Judicial Circuit of any county in South Carolina reserves the rights to arrange for the hearings of your divorce case, and this is done at the Family Court. The court, in turn, arranges a county clerk (or a court clerk), who would be handling all the papers of your divorce proceedings. About ten to twenty documents are considered to be necessary in a divorce lawsuit in South Carolina. The first such document is the Complaint of Divorce and the final document is the Decree of Divorce.

Property Distribution in South Carolina

An ‘equitable’ approach is taken by the court to distribute the property after divorce between you and your spouse. Several factors are taken into account to arrive at a ‘fair’ distribution of the assets. Some of these factors are:

•    The period of time for which the two of you had been married
•    Your respective ages
•    The present economic conditions
•    Potential employability in the future
•    Individual contributions to the property items

The particular circumstances of your divorce lawsuit determine whether you need to pay (or are liable to receive) regular alimony payments to (or from) your now-divorced spouse. The costs of maintaining a decent standard of living, as well as future earning potentials and other effects of the divorce on either of you all play vital roles in this decision.

Child Custody and Divorce

If you and your partner have a child from your marriage, the court authorities will decide about the custody too. While doing so, the wishes of the child are also taken into account, along with his/her age and the level of maturity. At all points in time, the interests of the child are given prime importance.

If the divorce authorities of South Carolina perceive any chance of effecting reconciliation between you and your wife/husband, a special referee would be appointed by the court. (S)he would act as a mediator and try to iron out the differences that have risen in your married life. The reports of this counselor is also of importance in determining the final ruling of the court.