Add Number Fields Legal South Carolina Property Settlement Forms For Free

When a married couple acquire assets during the marriage, they are generally considered marital assets. However, the exceptions are gifts and inheritances. As long as any inheritance is kept solely in the name of the heir, then this is considered their separate property and the other spouse has no legal claim to it.

South Carolina, like most states, is an “equitable division” state, which means that property is not always divided 50/50 in a divorce here. In most long marriages, the split is close to 50/50, but there are many factors that the court can consider to make the split fair – and fair does not always mean 50/50….

For example, you can prove the motive aspect if you can locate any text messages of your spouse planning and pursuing the affair. Friends, family members or acquaintances who also saw the texts or talked to your spouse regarding the affair can testify as witnesses to help establish the motive and strengthen evidence.

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 ...

South Carolina recognizes adultery as one of the fault-based grounds for divorce. Although you mentioned that both parties have agreed on everything and the divorce is not contested, you may still need to provide some evidence of adultery to the court if you choose to proceed with a divorce based on adultery grounds.

South Carolina courts will consider evidence of adultery in a divorce proceeding, unless both parties cheated or one spouse condoned (consented to) the other spouse's affair. While adultery typically does not affect property division or child custody, it does have an impact on alimony.

No Impact: Infidelity usually does not impact how property, assets, or debts are divided. No Direct Influence: The court does not typically consider infidelity when determining spousal support amounts.

However, what is required to prove adultery in South Carolina is evidence that the spouse had the disposition to commit adultery and that he or she had the opportunity to do so. Family court attorneys often refer to these requirements as “inclination and opportunity.”

South Carolina's financial declaration form consists of five pages on which you must list your assets, debts, income, and expenses. You may be required to update the form as your financial circumstances change throughout the court proceedings, since the information on the form must be current at all times.