South Carolina Annulment Questionnaire

State:
Multi-State
Control #:
US-Q1002
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an annulment matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina.

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.

In the best-case scenario, where there are no contested issues, you should be able to get an uncontested divorce by: Filing a divorce complaint in the appropriate county, Serving your spouse with the complaint and summons, Requesting a hearing in the family court (after the one-year continuous separation), and.

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).

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.

The first step to qualifying for annulment is to meet one of the legal grounds for annulment. These must be per the marriage annulment laws in South Carolina. To qualify, you must be able to prove insanity, fraud, mental incapacity, coercion, affiliation, or bigamy on the part of your spouse.

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.

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South Carolina Annulment Questionnaire