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If you're the plaintiff, the forms you'll need to complete include: the Complaint for Divorce. a Summons for Divorce. a Financial Declaration (which must be signed in front of a notary) the Family Court Cover Sheet, and. a Certificate of Exemption.
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.
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.
Plaintiff Simple Divorce Checklist - Complete the first five forms in this packet -- Family Court Cover Sheet, Certificate of Exemption, Summons for Divorce, Complaint for Divorce, and the Financial Declaration Form. - File the five forms with the Clerk of Court in the appropriate county.
The court clerk will charge a fee to file the papers (currently $150). If you can't afford to pay, you may file a Motion and Affidavit to Proceed in Forma Pauperis. Then, if the court approves your request, you won't have to pay filing fees or the sheriff's fees for serving the divorce papers (more on that below).
To begin the SC divorce process, one spouse (?Plaintiff?) files a Complaint for Divorce. After it is filed, it must be served on the other spouse, (?Defendant?) along with a Summons.
In South Carolina, the filing fee for a divorce petition is $150. If you are unable to pay the filing fee, you can request a waiver.