When you file these forms, you must also file a copy of your return receipt or other affidavit showing he or she was properly served unless you have already filed it. After completing these filings, the clerk of court will mail you a "Notice of Hearing" with your court date.
Uncontested Divorce in South Carolina
After you receive this notice, you must mail a copy to your spouse, by certified mail, return receipt requested. After your spouse mails back the signed green card, you must complete an Affidavit of Service by Mailing in front of a notary public. If the envelope and card are returned in the mail unsigned, take the returned envelope to your divorce hearing.
You must also have one person testify at the hearing who has personal knowledge that you and your spouse lived separate and apart for one year. On the day of your hearing, bring the above documents to court, along with your witness es. During the hearing, the judge will ask questions about your documents, including questions about your marriage and separation. You may use a sample script to prepare yourself.
What Role Does Adultery Play in a South Carolina Divorce?
After granting your divorce, the judge will sign the Final Order of Divorce - your divorce is not final until the order is signed and filed with the Clerk of Court. The judge may also ask you to complete a Judgment in a Family Court Case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
In some states, the information on this website may be considered a lawyer referral service.
If your spouse accuses you of adultery, things could get messy. Being able to fairly agree to property division without having to go before a judge about it may be best. Marital misconduct is one of the factors a judge can consider when deciding property division. Dating can also negatively impact alimony.
Committing adultery absolutely bars that person from receiving alimony in South Carolina. Dating while still being married could cost you lots of money. Dating may also affect who gets custody of the children. Dating before being divorced may not be looked highly upon and could be used against you, especially if you have exposed your children to your boyfriend or girlfriend.
Your life will be closely looked at, and details will come out. The court might award this in a case where alimony is deemed appropriate, but only for a set period or a set amount. It ends if you die, but continues despite remarriage or changed circumstances. It ceases if you remarry or live with someone or if you or your spouse dies. It is discontinued if you remarry or live with someone or you or your spouse dies. To decide whether to award alimony and if so, what kind and how much, the court will take into consideration:.
Is there a waiting period before remarriage in South Carolina? No, you are free to remarry after the court delivers the final judgment ending your marriage.
10 Myths About South Carolina Family Law
Local and state laws change constantly, therefore this information is for educational purposes only. Schedule a time to talk. Email us at welcome wevorce.
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Filing for Divorce in South Carolina
Your ability to communicate with your spouse makes you great candidates for an amicable, colloraborative divorce. You may also consider adding an hour or two with our expert financial professionals to help you and your spouse work through any financial challenges. You may also consider adding an hour or two with our family architects to help you and your spouse work through any parenting challenges. You may also consider adding an hour or two with our mediation and legal experts to help you and your spouse work through any communication and legal challenges.
You and your spouse should be able to effectively work together through our modules and create debt and asset division agreements with our financial mapping tools. Based on your responses, it sounds like you might need some more time to decide whether divorce is the right solution for your family. Our blog offers a wide range of resources for all stages of relationships.