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.
Is there a waiting period for divorce in South Carolina?
In South Carolina, the court must wait at least 90 days from the date you file your paperwork to finalize your divorce. (S.C. Code Ann. § 20-3-80.)
What is the divorce process in SC?
A person gets a divorce by filing a summons and complaint, waiting the required amount of separation time, proving the elements of fault (if applicable and if the other person does not admit his or her misconduct), and requesting a divorce from the court.
How much does a divorce cost in SC?
According to data published by Martindale-Nolo Research, obtaining a divorce in South Carolina typically costs between $4,000 and $28,000, with the average attorney fees running $10,000. The report also indicates that the average cost of an uncontested divorce in South Carolina is $12,600.
How do I get a divorce in SC without waiting a year?
You can get a divorce in South Carolina without claiming that your spouse is at fault if you and your spouse live separate and apart without “cohabitating” for at least one year. Cohabitating means that you and your spouse lived together as if you were a married couple.
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.
What is proof of adultery in SC?
However, to prove adultery in South Carolina’s family court, one only need to show circumstantial evidence – that the spouse had a disposition to commit adultery and that he or she had the opportunity to do so. These requirements are often referred to by family court attorneys as “inclination and opportunity.”
How is alimony calculated in SC?
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. … marital and nonmarital property awards to each spouse during the divorce.
How long after a divorce can you remarry in South Carolina?
The remarriage of either party to the divorce to a third person is prohibited for 60 days following the decree. A divorce decree may also indicate whether the guilty party may ever remarry.
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.
Can you get a divorce in SC without a lawyer?
No, you do not have to have a lawyer if you and your spouse are filing for an uncontested divorce in South Carolina. However, it is highly recommended that you seek the advice of a qualified family law attorney in all divorce cases.
Is Sexting considered adultery in South Carolina?
First of all, I feel that “sexting” definitely satisfies the first prong of the definition of Adultery in South Carolina. … There is no better possible evidence of a motive to commit adultery than seeing your spouse sending text with romantic overtures, or “dirty talk,” or explicit photos to a potential paramour.
Do you have to file for separation before divorce in SC?
Although spouses must separate before obtaining a divorce in South Carolina (with some exceptions), the state doesn’t formally recognize legal separations. … Either spouse may file a maintenance action seeking alimony, property orders, or child support and may also request that a judge make an appropriate custody award.
Who gets the house in a divorce in South Carolina?
In South Carolina, non-marital property remains in the hands of the spouse who owned it before or during the marriage. The most common types of property divided at divorce are real property like the family home, personal property like jewelry, and intangible property like income, dividends, and benefits.
Can you file for divorce online in SC?
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 can also complete the divorce packet online on S.C. Legal Services’ website www.lawhelp.org/sc.
How do I get a free divorce in South Carolina?
Complete the South Carolina Self-Represented Litigant Simple Divorce Packets online using a free, interactive program provided by South Carolina Legal Services. This program allows you to quickly and easily complete the divorce packet by answering simple questions online. Visit www.lawhelp.org/sc for more information.