Who gets the house in a divorce in South Carolina?

Who gets the house in a divorce in South Carolina?

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.

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).

Can you go to jail for adultery in South Carolina?

Criminal adultery is “the living together and carnal intercourse with each other or habitual carnal intercourse with each other without living together of a man and woman when either is lawfully married to some other person.” Technically, anyone who commits adultery in South Carolina is guilty of the “crime of adultery …

Is Sexting considered adultery in South Carolina?

First of all, I feel that “sexting” definitely satisfies the first prong of the definition of Adultery in South Carolina. There is no better possible evidence of a motive to commit adultery than seeing your spouse sending text with romantic overtures, or “dirty talk,” or explicit photos to a potential paramour.

Is South Carolina a no fault state for divorce?

South Carolina recognizes no-fault and fault based grounds for divorce. For a no-fault divorce, the parties must have lived separate and apart without cohabitation (not just in another room) for over one year.

Does it matter who files for divorce first in South Carolina?

The Procedure for Filing for a Divorce in South Carolina First things first, there is time spent filing for the divorce and time for the other spouse to respond. If the other spouse asserts a counterclaim, then the spouse who started the divorce as 30 days to respond to the counterclaim.

How long does a divorce take in South Carolina?

90 days

Do you have to file for separation before divorce in SC?

Although spouses must separate before obtaining a divorce in South Carolina (with some exceptions), the state doesn’t formally recognize legal separations. Either spouse may file a maintenance action seeking alimony, property orders, or child support and may also request that a judge make an appropriate custody award.