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 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 granted on the following grounds:
- Adultery
- 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
Property Distribution
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 make 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.
