South Carolina Joint Petition for Bifurcated Divorce

Category:
Family Law - Divorce - Petitions
State:
Multi-State
Control #:
US-03179BG
Format:
Word; 
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Description

In a bifurcated divorce, the marriage is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, and are willing to resolve other issues at a later date.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Joint Petition For Bifurcated Divorce?

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FAQ

For those hoping to get divorced sooner, there is something called a Motion for Bifurcation, which asks that the court terminate a marriage and restore each spouse to their single status. In some situations, the judge may order a trial be bifurcated or that a particular issue within the case be tried separately.

In South Carolina, you'll need to attend a court hearing to finalize your divorce. But with a simple divorce, your spouse won't have to attend.

Uncontested Divorce in South Carolina So, the faster they get their paperwork filed and get a final hearing date, the sooner they can get divorced (two to three months is a safe estimate).

S.C. Code Ann. Section 20-3-80 requires that a hearing cannot be held until ?two months after the filing of the complaint,? and the Family Court cannot issue a final divorce decree until three months after the filing of the complaint.

The word bifurcate is synonymous with the words ?split? and ?divide.? Thus, a bifurcation in a divorce case takes the issue of marital status and splits it from all of the other divorce issues, such as the issues of spousal support, child custody and visitation, child support, and property division.

Final Thoughts on the South Carolina Divorce Process The divorce process can take anywhere from a few months to over a year or longer depending on your situation. Think about your reason for seeking a divorce and whether disagreement about the terms of the divorce is likely when trying to estimate your timeline.

Disadvantages. Unresolved Issues Persist: Bifurcate divorce may inadvertently extend the duration of residual disputes, such as property distribution, child custody, and spousal support, due to the segmented nature of the process.

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.

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