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Once you meet the necessary residency and time requirements, there may be other conditions you need to meet to get a divorce without your spouse's consent. If you're filing for an at-fault divorce, you will need evidence to show you meet one of South Carolina's four allowable grounds for fault.

There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina.

The Marriage's Duration and the Parties' Ages – Alimony is more likely to be awarded in longer marriages than in brief ones. Physical and Emotional Conditions – This factor evaluates the parties' needs and income-earning potential. Educational Background – This factor evaluates a spouse's income-earning potential.

Both parties are ready to leave the marriage, are willing to move forward and agree on the basic terms of how post-marriage life will work. Since so much is agreed upon, uncontested divorces can take as little as two or three months to resolve after the separation requirements are fulfilled. Uncontested Divorce In South Carolina | What You Should Know laurentaylorlaw.com https://laurentaylorlaw.com › uncontested-divorce-south-... laurentaylorlaw.com https://laurentaylorlaw.com › uncontested-divorce-south-...

The Judge considers a number of factors in making the decision. It does not matter in whose name property is titled in South Carolina, so long as the property was purchased during the marriage, and that marital funds were used, at least in part, to purchase the property.

Complete the South Carolina Self-Represented Litigant Simple Divorce Packets online using a free, interactive program provided by South Carolina Legal Services. This program allows you to quickly and easily complete the divorce packet by answering simple questions online. Visit .lawhelp.org/sc for more information. Self-Represented Litigant Simple Divorce Packets - SC Judicial Branch sccourts.org https://.sccourts.org › forms › indexsrldivorcepacket sccourts.org https://.sccourts.org › forms › indexsrldivorcepacket

In South Carolina, a contested divorce is likely to take 12 months or more. A contested divorce usually involves disputes about custody or visitation, alimony, child support, and property. If custody is disputed, then the family court appoints a guardian ad litem (GAL) to investigate and report back to the court.

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….

A: In South Carolina, you do not need your spouse's signature to file for divorce. However, if your spouse does not live in South Carolina, it may be more appropriate to file in a different state, but there are not enough facts here to determine the best jurisdiction. Q: Can I file for a divorce without the spouse signature? - Ask a Lawyer justia.com https://answers.justia.com › question › 2022/10/25 › can-... justia.com https://answers.justia.com › question › 2022/10/25 › can-...

In an uncontested divorce in South Carolina, also called a simple divorce, both spouses agree on all the issues necessary to end the marriage. The separation does not need to go to trial in front of a judge, and the process is usually faster when a couple decides to take the uncontested route.

While many states recognize marital assets as community property, South Carolina does not. During a divorce in South Carolina, marital assets are divided based on the theory of equitable distribution. This is not an automatic 50/50 split as you might be thinking.

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. South Carolina Marital Property Laws - FindLaw findlaw.com https://.findlaw.com › state › south-carolina-marital-... findlaw.com https://.findlaw.com › state › south-carolina-marital-...