South Carolina Divorce Questionnaire

State:
Multi-State
Control #:
US-Q1011
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a divorce 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

Fault Grounds ? 90 Days ? If you are seeking a fault divorce in SC, then you can request a final hearing (a trial) 90 days after you file for divorce. In South Carolina, the fault-based grounds for divorce are adultery, habitual drug or alcohol use, or physical abuse.

Legally, it doesn't matter who files for divorce first, but on an individual level, it certainly matters who files first. The person who files for divorce first will have more time to prepare for the divorce process both physically and emotionally.

*Parties may be able to obtain a divorce 90 days after the date of filing if ALL issues in the case have been resolved on a final basis. It is always important to note that attorneys do not have control over the court docket scheduling.

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.

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.

The judge will weigh these factors and determine if alimony should be awarded. Often, there is a ten-year benchmark. If a couple has been married ten or more years, then most lawyers understand there will be a conversation about alimony ? though this is not a legal standard.

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.

In an uncontested divorce?also called a "simple divorce" in South Carolina?you and your spouse agree on all of the issues required to end your marriage. As the name implies, a simplified divorce is easier and cheaper than a traditional divorce.

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South Carolina Divorce Questionnaire