In, South Carolina has a "no-fault" divorce after you have lived separately for one year. In such cases, the courts are not concerned with which spouse was guilty of marital misconduct, such as adultery, physical cruelty or habitual drunkenness. The court only considers whether you and your spouse have been living separately for one year.
The following legal requirements are necessary to file for divorce in most states:
1. Residency: Generally, one spouse must have resided in South Carolina for more than one year prior to filing for divorce, or if both spouses live in South Carolina the person filing must have lived in South Carolina for three months prior to the commencement of the action. At Meihaus Law Firm, we can help you determine if your divorce can be filed in South Carolina.
2. Waiting Period: Most states have a mandatory waiting period from the filing to the finalization of a divorce. In other words, you cannot file and finalize a divorce on the same day. In South Carolina, you must wait at least 3 months. In reality, most divorces are not completed within 90 days. In South Carolina, nearly all cases end within one year of the initial filing of the action unless more time is needed to thoroughly litigate your case.
3. Legal Grounds: In South Carolina, most people divorce for one of the following reasons: (1) Spouses have lived apart for more than one year (11) a spouse cheated on the other spouse / committed adultery (111) one spouse abuses drugs or alcohol or, (1v) a spouse is being physical abused. We will help you determine whether you have grounds for divorce or how you can file an action to start the separation process. In some case, divorce or custody actions need to be filed urgently and we can help you do that.
4. Jurisdictional Requirement: An action for divorce must be filed with the proper court. The appropriate court is typically in the county where either the wife or husband has resided prior to filing for divorce. where the parties last lived together, and in some cases where the child lives. We will help you determine which court is appropriate for filing your action.