If you plan to file for a no-fault divorce in South Carolina, you and your spouse must live separately for a continuous period of at least one year. This period of separation begins as soon as you consciously decide to reside separately.
No couple who marries ever expects they’ll one day get divorced. However, marriages sometimes reach the point of no return, and divorce is the only option that makes sense.
Filing for divorce is a huge decision that can alter the course of your life. No matter your circumstances, it’s always best to work with an experienced family law attorney who can help you seek the best possible outcome.
At McKinney, Tucker & Lemel LLC, our South Carolina divorce lawyers are equipped to handle the difficult and time-consuming aspects of your claim so you can stay focused on starting fresh. Contact us today to learn more about how we can help in a confidential case review.
What Is the Divorce Process in South Carolina?
To initiate the process of divorce in South Carolina, one spouse usually files the initial paperwork with the family court and then allows time for the other spouse to respond.
The spouse who begins the process does so by filing a complaint for divorce, which must include details about their state of residence, marriage, separation, children, debts, and assets. Afterward, a process server typically delivers the complaint to the other spouse along with a summons, which informs them of their obligation to respond to the complaint.
The spouse who receives the complaint must file an answer to the complaint for divorce within 30 days. When they file their answer, they’ll have the opportunity to note any complaints of their own or defenses against the original complaint.
If each spouse can agree on a divorce settlement, they can sign a settlement agreement that legally divides their assets and liabilities. Otherwise, it may be necessary to go to divorce court to resolve outstanding differences.
What Are the Grounds for Divorce?
South Carolina recognizes both no-fault and at-fault grounds for divorce. For a fault-based divorce, one spouse must show evidence that one or more of the following applies to the other spouse:
- Adultery – Intimate or sexual activity between a married person and someone other than their married partner
- Habitual drunkenness or drug use – Frequent and repeated intoxication by excessive consumption of alcohol or drugs
- Physical cruelty – Physical violence or treatment by one spouse that endangers the life, limb, or health of the other spouse
- Desertion – Voluntary abandonment of the other spouse without their consent
For a South Carolina fault divorce, you may obtain a divorce within as little as 90 days of filing if you meet the burden of proof and resolve all issues related to the case.
For a no-fault divorce in South Carolina, it’s not necessary to prove that your spouse was guilty of any wrongdoing. Spouses are simply required to live separately for a specific time to qualify.
What is a Contested Versus an Uncontested Divorce in South Carolina?
A final divorce is granted in South Carolina only when all issues related to child support, visitation, child custody, alimony, and division of debts and assets are fully resolved. Some spouses resolve all potential issues ahead of time by communicating with each other directly or through an attorney.
When spouses can come to an independent settlement agreement and do not require mediation by third parties, it’s called an uncontested divorce. Uncontested divorces typically take less time and cost significantly less. The assistance of a mediator may help resolve any issues and reach an agreement.
If you and your spouse can’t agree, you may have a contested divorce. If so, you’ll need to bring your case to court. After a Family Court judge hears both sides of the case, they will make their final ruling based on what they believe is fair to you, your spouse, and any minor children you have together.
How Long Do You Have to Be Separated?
It’s also important to understand that you are still legally married to your spouse while you are separated. This can have certain financial or personal benefits, but it also means you can’t legally begin a new relationship. If you do, your spouse could have grounds for a fault divorce based on adultery.
Uncontested divorces in South Carolina are often based on no-fault grounds, which require the spouses to live apart from each other for at least one year.
Keep in mind that remaining in separate rooms within the same house is still considered cohabitation for legal purposes. If you begin living with your spouse again at any point during the year-long separation, the court may have grounds to deny your divorce claim.
When Should You Seek Legal Help for Your Divorce?
When you reach your limit and decide it’s time to file for divorce, it can be tempting to rush through the process just to get it over with. However, it’s essential to keep in mind that the actions you take now may have long-term consequences for your family, your finances, and your future.
An experienced family law attorney can help you learn more about your legal options and get things right the first time. You should seek legal help for your South Carolina divorce if:
- You aren’t sure you understand your legal rights or the options available to you.
- You don’t have the time or resources to research your case, manage mountains of paperwork, or navigate the Family Court system on your own.
- You have minor children, extensive assets, or complicated finances.
- You or your spouse plan to request financial support after the divorce.
- There are grounds for a fault-based divorce.
- Your spouse becomes overwhelmingly emotional, refuses to agree to the divorce, or contests the terms of the divorce for any reason.
- Your spouse hires their own divorce attorney.
The South Carolina family law attorneys of McKinney, Tucker & Lemel LLC have years of experience handling sensitive and complex divorce issues. We know these cases are personal, and the stakes are high.
Our compassionate attorneys are ready to advocate fiercely on your behalf and help you negotiate any confusing legal issues as they arise. Contact us today to discuss the details of your South Carolina divorce case in a consultation.
