File for Divorce in South Carolina

Condition for Residency

It is necessary for the plaintiff to be the resident of the South Carolina for more than a year immediately before filing the case. However, if both the spouses are residents here, then the time limit reduces to three months only. Papers can be submitted into the county of either of the spouses' residency or where both have been living together before the separation.

Reasons for the Divorces

State of South Carolina declares divorces on the basis of two types of valid reasons i.e. no fault and general reasons. Nevertheless, both the spouses have to agree with the reason and are required to validate them. Following are the major no-fault as well as general reasons examples in South Carolina:

Principle of Child Custody

South Carolina provides both the parents with equal rights of child custody to both the parents on the basis of following:

Rules for Property Distribution

South Carolina is an equitable distribution state in term of property. It gives the ownership of the separate properties, gifts, and inheritances of the spouses to them without dividing it. However, marriage property of both the spouses is divided into equal halves on the following basis.

Rules for Spousal Support

Courts can grant either of spouses with the alimony on the basis of following:

Child Support Guidelines

Both the parents are supposed to pay for the child support for the welfare of child. In this regard, court may take the income withholdings as a guarantee for the support. Following determinants help in assessing the amount:

Mediation In Case Of Divorce

Court has the rights to suggest mediation for the spouses if chances of reconciliation are there. It will also give importance to the observations made by the referee in this case. Court can prolong the case for three months before the final declaration.

Filing Pro Se Divorce

There is no need of a lawyer when applying for divorce in the state of South Carolina. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.

Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in South Carolina, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.

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