What is the divorce process in SC?

What is the divorce process in SC?

The Procedure for Filing for a Divorce in South Carolina In South Carolina, a divorce begins with the filing of a summons and complaint for divorce. After that paperwork is submitted to the clerk of family court, it has to be served on the other spouse such as by personal delivery by a process server.

Can you date while separated in SC?

South Carolina law dictates that if you date while separated, then your spouse is allowed to make the argument that you are committing adultery, which could have some legal consequences.

What is considered abandonment in a marriage in SC?

What Constitutes Abandonment. Desertion is defined as living apart for at least one year without consent of the deserted spouse and without appropriate justification. In addition, the deserting spouse must not intend to resume living with the deserted spouse.

How long do you have to be married in SC to get alimony?

Alimony length is usually based on length of marriage – one commonly used standard for alimony duration is that 1 year of alimony is paid every three years of marriage (however, this is not always the case in every state or with every judge).

Who gets the house in a divorce in SC?

Unlike many other states, South Carolina is not a community property state. In our state, the marital property in a divorce is not divided 50/50. Instead, it is distributed in a manner that is fair and equitable to both parties, which may not necessarily be an equal distribution.

Does it matter who files for divorce first in SC?

The initial pleadings filed with the Court to begin the case contain the moving spouse’s allegations as to the basis for the divorce. By being the first to file, your pleadings will most likely be the first ones the Judge reads and your attorney will be the first one to make his presentation at most hearings.

How long do you have to be separated in SC before divorce?

one year