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By Melissa HeinigAttorney. There are generally two types of divorce available in most states: contested and uncontested. A divorce is "contested" when the spouses don't agree on some or all aspects of the divorce, meaning that a judge will hold a trial, examine the evidence, and call witnesses. The contested divorce process takes quite a while. In contrast, in an uncontested divorce—also called a "simple divorce" in South Carolina—the spouses agree on all of the issues required to end their marriage, so there's no need for the judge to hold a trial. An uncontested divorce is much faster and cheaper than traditional divorce—spouses can often use a DIY solution like an online divorce service.
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The contribution of each spouse to the marital property. Your name. Support may be granted on a temporary basis until the divorce is final, for a defined period of time after the divorce, or indefinitely depending on the circumstances.
Only marital property will be considered for division during the divorce proceedings. Otherwise you will need to provide a fault-based reason for divorce, including adultery, desertion by one spouse for a year or more, physical cruelty, or habitual drunkenness or narcotics abuse.
Learn about the uncontested divorce process in south carolina.
The value of the property being divided. This review is based on my own experience and is my genuine opinion.
Otherwise, if only one spouse is a resident of South Carolina, they must live there for a year before filing for a divorce. Per SC family law, there is a mandatory three month waiting period between the date the divorce is filed and the date the court can issue a divorce decree. The court allows the child to voice a preference for the primary parent if the child is mature enough.
What are the grounds for divorce in South Carolina, according to Family Law? What are the residency requirements and waiting period for a divorce? If you need a legal expert in SC family law, please call the law offices of Anderson, Bailey, Moore, and Nowell for a free consultation today.
South Carolina makes child custody decisions based on the best interest of the child. Our consultations are freethey are confidential, and we can almost always schedule you an appointment the same day we receive a call. Your. Property acquired by either spouse prior to their marriage or received as a special gift or inheritance may not be subject to division between the divorcing parties.
Top 21 questions about divorce in sc
Title of your review. The judge will make a determination about what is fair and equitable and will consider the following issues:. The amount of alimony awarded to a spouse, among other factors. Your review. How does the court decide the division of marital property?
The division of property does not have to be equal. In fact, the first step you can take towards resolving your problem is to have a face to face conversation with one of our lawyers. The spouse filing for a divorce must live in South Carolina for at least three months if both spouses are currently residing there. This may include any property subject to a written agreement between the spouses defining it as a non-marital property.
Who can request alimony or spousal support? Submit your review. South Carolina allows for several different kinds of support.
Uncontested divorce in south carolina
The judge will determine if it meets a definition of fairness. The judge will make a determination about what is fair and equitable and will consider the following issues: The length of the marriage. South Carolina recognizes both no-fault and fault grounds for divorce SC Code If you have been living separately for a year, without cohabitation, a couple can file for a no-fault divorce.
Either spouse can request alimony from the other. How is child support and visitation determined? This blog is intended for general informational purposes only, and is not intended to serve as a substitute for talking to one of our lawyers here at Anderson, Moore Bailey and Nowell. Parents may make their own agreement about child support and submit it to the court for review.