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If you want to get a divorce without your spouse's consent in South Carolina, in most cases, you will have to show that you meet one of the state's four legally recognized grounds for an at-fault divorce. Those grounds are: Your spouse committed adultery.
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.
To get a divorce in South Carolina, you do not have to go to court. You can file for divorce through the mail or online. However, if there are any disputes about child custody or property, you may have to go to court to resolve them.
A divorce action is started when one spouse, or his or her attorney, files a Summons and Complaint, stating the grounds on which he or she wishes to be divorced from the other spouse, and, if applicable, how he or she would like the marital assets and debts to be divided.
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.