September 22, 2006, Newsletter Issue #32: South Carolina Divorce Laws and Divorce Guidelines

Tip of the Week

South Carolina Residency Requirement
According to the South Carolina Divorce Laws and South Carolina Divorce Guidelines, to get divorced in South Carolina:
(1) if both spouses are residents of the state, then the spouse filing must have been a resident for 3 months.
(2) If only one spouse is a resident of South Carolina, then the spouse filing for divorce must have been a resident of South Carolina for at least 1 year

Time to Divorce There is a waiting period of 90 days after filing the South Carolina Divorce Forms and South Carolina Divorce Papers before a divorce will be granted

Place of Divorce (Venue) The divorce can be filed in:
(1) The county where the defendant resides.
(2) If the defendant does NOT reside in South Carolina or is missing, then the divorce can be filed in the county where the plaintiff resides.
(3) If both spouses still live in South Carolina, then the divorce shall be filed in the county where the spouses last lived together.

South Carolina Grounds for Divorce

Grounds for a No-Fault divorce:
(1) Living separate and apart without cohabitation for 1 year

Grounds for Fault based divorce:
(1) adultery
(2) alcoholism and/or drug addiction
(3) physical cruelty
(4) willful desertion for 1 year

An Agreed Divorce , defined by South Carolina divorce guidelines and South Carolina divorce laws, is a scenario where the spouses agree on the terms of the divorce such as South Carolina property distribution, South Carolina child support, or South Carolina child custody.

A Default Divorce , according to the South Carolina divorce guidelines and South Carolina divorce laws, is a divorce where the other spouse doesn't sign the South Carolina Divorce forms or South Carolina divorce papers, he/she doesn't do anything at all with the divorce.

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