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South Carolina Divorce Laws and Seeking Legal Help
Are you in the process of filing for divorce in South Carolina? If so, there are a few things you should know about the laws that govern the process in the state. South Carolina has several intricate rules in place that spouses must abide by prior to filing, during the case and after proceedings resolve. It is important for all spouses to understand what these laws are so they can better protect their rights.
Below are facts about South Carolina divorce laws:
South Carolina’s Residency Requirements
If both spouses are residents of South Carolina at the time the divorce petition is filed, then the plaintiff (spouse filing the action) is only required to have resided in the state for the three months prior to initiating the complaint. However, when only one spouse resides in the state, then the plaintiff must have resided in South Carolina for at least one year prior to the commencement of the action. If the plaintiff is NOT a resident of the state, then the defendant must have resided in South Carolina for one year.
Legal Grounds for Divorce in South Carolina
A South Carolina divorce may be only be granted on the following grounds:
- Desertion for a period of one year
- Physical cruelty
- Habitual drunkenness or drug use
- Living separate and apart without cohabitation for a period of one year
When it comes to distributing property following a divorce decree in South Carolina, the court shall make a final decision and will do so in an equitable manner. Each spouse is entitled to keep their non-marital property, which consists of assets acquired before the marriage or as gifts during the marriage. Community property will be divided according to several factors, such as the duration of the marriage, each spouse’s income and the value of said asset.
Obtaining Legal Counsel
If these laws have you more confused than before, don’t worry, you are not alone. It can be difficult to make sense of every regulation that governs the process of divorce in South Carolina, but fortunately, help is available.
Browse our site to find links to some of the most experienced and acclaimed divorce lawyers in South Carolina who will take on your case and help you obtain a favorable resolution quickly and smoothly. Your attorney will handle all the paperwork and court appearances and will even serve as a mediator between you and your spouse so that small disagreements over property, alimony or child custody can be resolved without escalating and prolonging the case.
To get started on your petition or for more answers to questions about the process, contact one of our featured South Carolina divorce attorneys today and schedule a consultation.