How to File for Divorce in South Carolina

Understanding the Grounds for Divorce 

Before filing for divorce in South Carolina, it is essential to understand the legally acceptable grounds. The state recognizes both fault and no-fault grounds for divorce. Fault-based grounds include adultery, desertion for one year, physical cruelty, habitual drunkenness or drug use. South Carolina also allows for a no-fault divorce, which necessitates living separately and apart without cohabitation for at least one continuous year.

The Filing Process

To initiate the divorce process, one must file a Complaint for Divorce with the Clerk of Court in the family court of the county where either spouse resides. This document must include the grounds for divorce and pertinent details about the marriage, such as information on any children, property, and debts. After filing, the complaint must be formally served to the other spouse, which can be done via mail or through a process server.

Child Custody and Support Concerns

If children are involved, determining custody and support is a crucial part of the divorce proceedings. South Carolina courts focus on the best interests of the child, considering factors like the child's relationship with each parent, each parent's ability to care for the child, and the child's home environment. Child support is calculated based on parents' incomes and the needs of the child, following the state guidelines.

Settlement Agreements and Court Hearings

If couples can agree on the terms of their divorce, including property division, custody, and support, they may present a settlement agreement to the court. This agreement, if found fair and reasonable, can expedite the process, potentially avoiding a lengthy trial. However, if an agreement cannot be reached, the court will schedule a hearing where both parties can present evidence and make their case.

Legal Assistance

While it's possible to file for divorce independently, navigating the complexities of South Carolina's legal system can be challenging. Seeking legal counsel from a family law attorney can be beneficial to ensure your rights are protected and to navigate potential pitfalls during the process.