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One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.If the matter should go to a hearing, the person who files the petition usually presents his or her case first.

A person gets a divorce by filing a summons and complaint, waiting the required amount of separation time, proving the elements of fault (if applicable and if the other person does not admit his or her misconduct), and requesting a divorce from the court.

You can still get a divorce even if your spouse does not want one. States do not force a couple to stay together if one person no longer wants to be married. However, it can definitely complicate the process if the other party does not want to go through with it.

South Carolina recognizes no-fault and fault based grounds for divorce.However, it should be noted that Desertion is rarely used as a ground for divorce since the parties must have lived separate and apart without cohabitation, just as is the requirement for a no-fault one-year continuous separation divorce.

South Carolina does not require couples to formally file for separation before filing for divorce. However, couples must live separately from one another for one year prior to filing for a no-fault divorce.

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 www.lawhelp.org/sc for more information.

The initial pleadings filed with the Court to begin the case contain the moving spouse's allegations as to the basis for the divorce.By being the first to file, your pleadings will most likely be the first ones the Judge reads and your attorney will be the first one to make his presentation at most hearings.

South Carolina courts will consider evidence of adultery in a divorce proceeding unless both parties cheated or one spouse condoned (consented to) the other spouse's affair. While adultery typically does not affect property division or child custody, it impacts alimony.

There is one advantage to being the one to file the divorce. The person who files the divorce, under the code of civil procedure, is called the plaintiff and the other party is called the defendant.Another advantage to being a plaintiff is the way a non-suit is handled under the code of civil procedure.

Divorce Complaint

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Does the person who files for divorce first have an advantage?

What is the divorce process in South Carolina?

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Is South Carolina a fault divorce state?

Do you have to file for separation before divorce in SC?

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