South Carolina Summons for Divorce

State:
South Carolina
Control #:
SC-SKU-1201
Format:
PDF
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Description

Summons for Divorce

South Carolina Summons for Divorce is a court order requiring the defendant to appear in court to respond to a divorce action. The Summons is the legal document that initiates the divorce process. The Summons is served on the defendant and must be answered or responded to within thirty (30) days of service. There are two types of South Carolina Summons for Divorce: Summons for Divorce with Minor Children and Summons for Divorce without Minor Children. The Summons for Divorce with Minor Children requires the defendant to answer and respond to the Summons within thirty (30) days of service, and to provide the court with a verified statement of assets and liabilities, as well as a verified statement of income and expenses. The Summons for Divorce without Minor Children requires the defendant to answer and respond to the Summons within thirty (30) days of service. The South Carolina Summons for Divorce is an important document that serves as the legal basis for the filing of a divorce in South Carolina. It is important that the defendant answers or responds to the Summons in a timely manner, or a default judgement may be entered against them by the court.

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FAQ

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.

In South Carolina, court documents including divorce petitions must be delivered in person to ensure that the recipient has been properly notified. Dodging the process server will result in the petitioner publishing a public notice, leaving the documents with family or friend, or both.

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.

You can also use the self-help divorce forms tool provided by South Carolina Legal Services, or you can use an online divorce service to provide and complete the forms for you. If you're the plaintiff, the forms you'll need to complete include: the Complaint for Divorce. a Summons for Divorce.

No, you do not have to have a lawyer if you and your spouse are filing for an uncontested divorce in South Carolina. However, it is highly recommended that you seek the advice of a qualified family law attorney in all divorce cases.

In South Carolina, the ways to serve your spouse are: Delivering the documents yourself if your spouse will sign an ?Acceptance of Service? form. Any third party, such as a sheriff or a process server, who is 18 years or older can hand-deliver the divorce forms to your spouse.

How to file a divorce in South Carolina The simplest procedure is an uncontested divorce where you and your spouse can reach an agreement about all issues.The fault-based grounds for divorce are: adultery, alcoholism or drug addiction, physical cruelty, and desertion for one year.

The court fees for filing the paperwork for a basic divorce in a South Carolina court is $150.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.

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South Carolina Summons for Divorce