The steps to a divorce proceeding in South Carolina include meeting residency requirements, identifying legal grounds for divorce, filing a divorce complaint, serving your spouse and attending any required hearings before the court finalizes the divorce. By understanding these steps before filing for divorce, you will know what to expect and be better prepared as you start your legal journey. This will make the process less overwhelming and leave you confident and informed.
Key takeaways:
- To begin a divorce proceeding in South Carolina, one spouse must meet the state’s residency requirements.
- Spouses must identify legal grounds for divorce, either fault-based grounds or one year of separation.
- The filing spouse prepares and submits a Complaint for Divorce and related court forms.
- After filing, the other spouse must be served and given time to respond.
- The divorce is finalized when the family court judge signs and files the final decree.
5 Steps in a Divorce Proceeding in South Carolina
Under South Carolina law, Chapter 3 of Title 20 governs the dissolution of marriage. The state law also oversees alimony, child support and child custody. When filing for divorce, there are five steps you need to follow in order to proceed and finalize a divorce proceeding.
Step 1: Meet the Residency Requirements
To file for divorce in South Carolina, you or your spouse must meet one of the following residency requirements:
- Residents: If you and your spouse live in South Carolina when the divorce proceeding is started, you must have lived in the state for a minimum of three months before filing.
- Non-residents: If one spouse is not a resident of South Carolina, the other must have lived in the state for at least a year prior to filing for divorce.
Step 2: Determine the Grounds for Divorce
Next, determine the legal grounds for divorce. This is the reason you are requesting the dissolution of your marriage. There needs to be a valid and justifiable reason to end your marriage. In South Carolina, the law allows both no-fault and fault divorce grounds. Here are the differences between them:
- No-fault divorce grounds: The dissolution of a marriage that does not need proof of misconduct by either spouse. However, to attain a no-fault divorce in South Carolina, there is one procedural requirement that must be met — you and your spouse must have lived apart and separately for 12 months, continuously, without marital relations.
- Fault divorce grounds: A fault divorce involves proving misconduct by a spouse.
South Carolina divorce laws identify five fault-based grounds for divorce. These include:
- Habitual alcohol or drug abuse
- Domestic violence or physical cruelty
- Desertion for a period of at least one year
- Adultery and marital misconduct
- One-year separation without cohabitation
Step 3: Prepare and File Divorce Complaint
Once you have determined the above two steps, you can move on to preparing and filing divorce papers. Filing the correct paperwork is essential. The process begins by completing a Complaint for Divorce, which outlines and explains the grounds for divorce, as well as requests regarding the property division, spousal support, child support and child custody. This divorce complaint will be filed in the family court in either your or your spouse’s county.
There are many forms to be completed during this stage of the proceedings. If you are the plaintiff — the spouse starting the divorce proceeding — you need to complete the following forms:
- The complaint for divorce: The outline for the reasons and grounds of the divorce.
- A summons for divorce: The official notice of initiating a divorce.
- A financial declaration: a detailed outline of the spouses’ income, expenses and assets for support and alimony obligations, which is signed in front of a notary.
- The family court cover page: Required to initiate and record divorce proceedings.
- A certificate of exemption: Used in self-represented divorce cases when specific requirements are not contested.
After these forms are completed and signed, ensure you make copies. A minimum of three copies is recommended, as you, your spouse and the court will need a copy of the divorce complaint.
Step 4: Serve Divorce Documents to Your Spouse
With your divorce complaint filed, you can serve your spouse with the divorce papers and a summons. These documents can be delivered to your spouse either in person by you, through certified mail, or via a process server. The delivery, your spouse has 30 days to respond to the complaint.
Ensure that you file proof of service of the paperwork being served to your spouse within 10 days of them receiving the complaint. This is important, as your divorce cannot proceed without proof that your spouse has been served.
Proof of service could include:
- An Affidavit of Service, provided by the process server
- The return receipt from the delivery of certified mail
- An Acceptance of Service form signed by your spouse
Step 5: Attend Hearings to Finalize the Divorce
The final step in divorce proceedings entails attending court hearings in the Family Court to receive a final divorce decree. The Family Court judge will decide all final orders related to the divorce in your final hearing. However, keep in mind that your divorce is not finalized until the judge signs and files the Decree of Divorce.
In uncontested divorces, you might need to attend one court hearing to end your marriage. This only applies if both you and your spouse agree on the issues in the divorce complaint and have resolved all issues, including alimony and property division. In the case of a contested divorce, you could expect multiple temporary court hearings to address unresolved issues and settle on disagreements and disputes.
Still Have Questions?
Between the legalities and steps in a divorce proceeding in South Carolina, questions will inevitably surface. These might be related to alimony, child support and custody, how long divorce proceedings may take in South Carolina, and family court laws. We’ll address these questions to provide you with a better understanding of what to expect as you proceed with your divorce.
1. Will the Divorce Be Contested or Uncontested?
Your divorce will be uncontested if both spouses agree on the issues in the divorce complaint. If you disagree on matters like alimony, property division, child support or child custody, the divorce will be contested. Uncontested divorces are typically quicker and simpler, while contested divorces involve additional proceedings where each party can present and argue their claims.
2. Is There a Waiting Period?
Yes, South Carolina has timing requirements for divorce proceedings. For a no-fault divorce, spouses must live separate and apart without cohabitation for one continuous year before filing on that ground. For fault-based divorces, the final decree generally cannot be granted until at least three months after the complaint is filed.
3. May I Receive Alimony?
You may receive alimony if you request it in your divorce complaint and the court determines it is appropriate. Alimony is not guaranteed, and the court will consider the circumstances of your case.
Types of alimony include:
- Separate maintenance
- Periodic alimony
- Lump sum alimony
- Rehabilitative alimony
- Reimbursement alimony
4. Do I Need a Divorce Attorney?
You are not legally required to have a divorce attorney, but hiring one is strongly recommended. An attorney can help protect your rights, avoid costly mistakes and guide you through the legal process more efficiently, especially if your divorce involves contested issues, children, property or support.
Consult Lauren Taylor Law for South Carolina Legal Services
Make divorce less overwhelming with Lauren Taylor Law. Our South Carolina legal services will assist you through the process and answer any questions you may have regarding the proceedings. Lauren Taylor Law has over a decade of experience to help with your divorce case. We provide proper counsel, support and guidance to help you through this challenging chapter.
Contact Lauren Taylor Law to schedule a consultation.
