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How do I obtain a copy of my actual divorce decree? You should contact the Clerk of Court's office in the county where the divorce was filed for a copy of the decree.
As family law attorneys in Charleston, SC, we've been asked whether South Carolina is a community property state. The short answer is ?no.? However, South Carolina is called an ?equitable division,? sometimes referred to as a ?separate property,? state. In most long marriages, the split will not be far from 50/50.
The short answer is ? yes but it was not common. The society was very traditional (I'd say it still pretty much is but it's a different topic to discuss). The divorce was not tolerated by the church but for very few exceptions.
What are the legal grounds for divorce in South Carolina? South Carolina recognizes no-fault and fault based grounds for 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.
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.
For a brief period before this hardcore stance was resumed, Reconstruction legislators had enacted the state's first divorce law in 1872.
Enter no-fault divorce. Until the late 1960s, divorce laws always required the petitioning party to prove fault in order to have their divorce granted. A person could not divorce their spouse merely because they were unhappy in the relationship. Rather, they had to prove their spouse had done something wrong.
Unfortunately, most parts of a divorce are public. The public portion of a divorce proceeding would include court filings, motions, pleadings, court orders, a final divorce decree, and settlement agreements.