Add Conditional Fields Legal South Carolina Divorce Forms For Free

It is interesting to note that South Carolina does not acknowledge emotional abuse or mental cruelty as grounds for divorce. One of these grounds must be proven on the fault of one or both parties.

The most commonly used grounds for a no-fault divorce are: Incompatibility or “irreconcilable differences” – Incompatibility is when the partners have different lifestyles that they cannot adjust to. For example, one partner may have a particular religious belief while the other is not religious at all.

Generally, the court will terminate alimony upon a showing of (a) the remarriage by the receiving spouse, (b) death of either the paying or receiving spouse, or (c) continued cohabitation by the receiving spouse with another person in a romantic relationship for a period of 90 or more consecutive days.

No-Fault Divorce in South Carolina A fifth ground for divorce is an application for divorce after the husband and wife have lived separate and apart, without cohabitation, for a period of one year. In this circumstance, couples may obtain a divorce without either party claiming legal fault for the 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. For a fault-based divorce, South Carolina recognizes (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion.

The court will split the marital property 50-50 in some cases, but in others, it will give a greater share to one party because it feels doing so is “equitable.” If you or your spouse is contemplating divorce or separation, contact the family law attorneys at Futeral & Nelson to schedule a consultation and find out ...

If you have evidence of a fault-based ground for divorce, you can file a family court case and let a judge decide who must move out at a temporary hearing. If you don't have evidence of a fault-based ground for divorce, then one of you has to move out: You can ask him or her to move out. You can move out yourself.

Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.

In South Carolina, marriage is considered to have irreconcilable differences that make it impossible to maintain. If one party in marriage claims irreconcilable differences, the other party cannot object. If an objection was voiced, it would be considered proof of irreconcilable differences.