Divorce in South Carolina is governed by Title 20, Chapter 3 of the state's Code of Laws. These rules establish who is eligible to obtain a divorce in South Carolina, the procedures for obtaining a final judgment and the division of a marital estate between the spouses.
Who Can File for Divorce in South Carolina?
A spouse who has lived in South Carolina for at least a year prior to filing for divorce is eligible to obtain a divorce in the state. The other spouse does not need to be a state resident.
Must We Be Separated First?
Technically, South Carolina spouses do not have to be separated prior to filing for divorce or during the divorce. However, not separating may indicate to the court that there are no grounds for the divorce, inducing it to deny the request. Additionally, some, but not all, of the grounds for a divorce require that the spouses live separately for a specific period of time. Not living separately as the grounds require, therefore, removes it as a potential reason for the divorce.
How Much Does It Cost?
The cost of a divorce in the state depends on whether it is a contentious divorce and the size of the marital estate. A divorce including either or both of these aspects often proceeds to trial and involves attorneys. Therefore, it is more expensive.
An uncontested divorce can cost as little as the court's filing fees. These fees vary in each Court of Common Pleas, which has jurisdiction over divorces in South Carolina. On average, they range from $100 to $300.
How Long Will It Take?
South Carolina's statutes mandate that divorcing spouses wait at least two months after filing for a divorce to obtain a final decree of divorce. This means that the shortest it can take to obtain a divorce in the state is 61 days. However, a contentious divorce or one in which the court must separate extensive amounts of property can take longer, sometimes as long as a year.
Do I Need Grounds for Divorce in South Carolina?
Divorcing spouses in South Carolina must have grounds for a divorce, but one of the potential grounds is having lived apart for longer than a year. This reason does not require that either party caused the downfall of the marriage, and is therefore similar to a no-fault divorce.
Is It Better if I Have Grounds for Divorce?
Most of the time, having grounds for a divorce is irrelevant in South Carolina. The court will grant a divorce regardless of which of the five reasons is contained in the petition, unless it feels the spouses are lying in their request.
However, the statutes permit the court to consider a spouse's conduct when determining if it should award alimony. If a spouse's misconduct affected the economic health of the marital estate, the other spouse may be penalized by needing to pay alimony. Therefore, while having grounds for the divorce won't make obtaining one easier or faster, it may affect the court's property distribution.
What Are They?
The state requires spouses to state one of five potential grounds as reason for the divorce: adultery, physical abuse, desertion lasting a year or longer or addiction to alcohol or drugs. The fifth reason is sometimes referred to as the no-fault grounds, because it allows a divorce between any married couple who have lived apart for a year or longer.
Can I Get Temporary Support during the Divorce?
South Carolina courts can award a needy spouse temporary alimony before the divorce is finalized. The alimony terminates when all issues in the divorce proceeding are resolved.
How Is Marital Property Handled in Divorce in South Carolina?
Marital property is divided equally between the parties, as the court feels is just in the situation. This does not mean that each spouse receives half of all property. Spouses receive what the court feels they deserve out of the marital estate. It is permitted to consider the spouse's contribution to the marriage, potential earning power and the need to support any children.
How Are Retirement Assets Divided?
Retirement assets acquired during the marriage are considered marital property and are divided like other components of the marital estate, evenly. However, if the asset was owned prior to the marriage, the portion of it acquired prior to the marriage will be separated from the portion acquired during the marriage and awarded to the originally-owning spouse.
What Are the Child Support Guidelines in South Carolina?
The state's child support guidelines are located in Chapter 63 of its Code. These statutes hold both spouses equally responsible for supporting their child. Because of this, it requires inclusion of both spouse's incomes when calculating the amount owed to a lower-paying spouse. Usually, the custodial spouse receives child support payments due to having the child for a larger period of time and therefore needing to spend more money on their support. Child support obligations continue until the child is 18 or longer if the spouses agree.
What about Spousal Support or Alimony?
South Carolina allows permanent, temporary, rehabilitative and reimbursement alimony. Permanent alimony lasts only as long as the recipient spouse is alive or lives separately, and can be paid through installments or in a lump sum. Temporary alimony lasts for a specific period of time. Rehabilitative alimony supports the receiving spouse while they attend school or receive job training that will enable them to become self-sufficient. Reimbursement alimony is uncommon in the United States. It is intended to share the paying spouse's future earnings with the recipient spouse due to the latter's support during the marriage. Essentially, it is a way for both spouses to receive the income they anticipated having while married, but which one spouse would not be entitled to after their divorce.
Can We Reach a Marital Settlement Agreement out of Court?
Divorcing spouses can enter into a marital settlement agreement, but such agreements are subject to court review for fairness. While these agreements can reduce the amount of time the divorce takes to resolve, it will not result in the court waiving the mandatory two-month waiting period.
What Happens if We Can't agree on Settlement Terms?
The court decides how to separate marital property for spouses who are unable to do so. For small to medium sized estates this can be accomplished in a hearing lasting a few hours. The court may require a full trial for larger marital estates.
Other Important Considerations in South Carolina Divorce Cases
South Carolina requires grounds to divorce, but it does permit a no-fault divorce, provided the spouses have lived separately for at least a year. Prior to filing for divorce, contact your local court to ensure that you satisfy the grounds and residency requirements.
Getting Legal Assistance
If you are considering filing for divorce in South Carolina, seek legal advice. An attorney will assist you with the proper proceedings to obtain a final divorce decree and guide you through the division of marital property, to ensure you receive your fair share of the estate.
