To file for divorce in South Carolina, you must first meet the residency requirements, then file a divorce petition with the Family Court, serve your spouse with divorce papers, and attend a hearing to finalize the divorce.
Filing for divorce in South Carolina involves a multi-step legal process. Many people facing divorce are uncertain about court rules, residency requirements, and response timelines. An experienced divorce lawyer can answer your questions at each stage in the process, provide emotional support, and seek a fair resolution that meets your goals.
Since 1977, the family law attorneys at McKinney, Tucker & Lemel LLC have assisted clients in Rock Hill and across York County and Lancaster County, offering compassionate guidance and sound legal advice throughout the divorce process.
Is A Divorce Lawyer Required for Filing for Divorce in South Carolina?
South Carolina law does not require you to hire an attorney for a simple, uncontested divorce. You have the legal right to represent yourself in divorce proceedings. However, representing yourself comes with significant risks. Divorce involves complex legal issues, financial considerations, strict deadlines, and detailed documentation requirements. Mistakes can delay your case or result in tax consequences or unfavorable outcomes.
The decision about whether you need a lawyer depends on your specific circumstances. Simple uncontested divorces with no children, minimal property, and complete agreement between spouses may proceed without legal representation. However, most divorces involve complications that benefit from professional legal guidance. An attorney protects your interests, ensures proper completion of all forms, and advocates for fair treatment throughout the process.
What Are Grounds for Divorce in South Carolina?
South Carolina recognizes both fault-based and no-fault grounds for divorce. The most common no-fault ground is living separately and apart for one year without cohabitation. This requires you and your spouse to live in different residences for a continuous twelve-month period, with at least one spouse intending the separation to be permanent.
Fault-based divorce grounds include adultery, habitual drunkenness or drug use, physical cruelty, and desertion for one year. Fault-based divorce requires proof of your spouse’s misconduct. Establishing fault can affect property division and spousal support decisions in your favor. Choosing between fault-based divorce and no-fault divorce depends on your personal circumstances and the facts of your family law case.
How Long Do You Have to Live In South Carolina to File for Divorce?
Residency requirements must be met before South Carolina courts will accept your divorce filing. If only one spouse lives in South Carolina, that person must be a resident for at least one year before filing. If both spouses are South Carolina residents, the residency requirement is three months.
These requirements ensure the state of South Carolina has proper jurisdiction over your case. You must provide documentation proving residency, such as a driver’s license, voter registration, lease agreements, or utility bills showing your South Carolina address.
The overall timeline for finalizing your divorce depends on whether you meet residency requirements, whether you pursue fault-based or no-fault grounds, and whether you and your spouse have contested issues requiring court intervention.
What Is the Process for Filing Divorce Papers in South Carolina?
Filing for divorce starts with preparing the necessary paperwork, primarily the Complaint for Divorce, which asks the court to end your marriage. The complaint must include details about you, your spouse, your marriage, any children, and the grounds for divorce, as required by South Carolina Code Section 20-3-10. It’s best to have an experienced divorce lawyer with extensive knowledge of family law prepare the divorce complaint and file it on your behalf.
File the documents with the Family Court clerk in the county where you or your spouse resides and pay the filing fee. There are fee waivers available for those who qualify. After filing, you are required to have the sheriff’s office or a process server serve your spouse with divorce papers. The proof of process service is submitted to the court.
How Long Does My Spouse Have to Respond After Receiving the Divorce Papers?
South Carolina law gives your spouse thirty days from the date of service to file an answer to your divorce complaint. The answer addresses the allegations in your complaint and may include counterclaims raising additional issues or requests for relief. Your spouse can agree with some allegations while disputing others.
If your spouse fails to respond within the thirty-day period, you can request a default judgment. A default means the court can proceed without your spouse’s participation and grant the relief you requested in your complaint. However, courts generally prefer to have both parties participate in a divorce case, particularly when children or significant marital assets are involved.
What Is the Difference Between a Contested and an Uncontested Divorce?
An uncontested divorce happens when spouses agree on all matters, including the division of property, debts, child custody, child support, and alimony. These cases move through the court quickly since no disputes require hearings.
Spouses submit a settlement agreement, and the judge approves it after ensuring it meets legal standards.
In a contested divorce, the divorcing spouses have disagreements about significant issues, requiring negotiation and court involvement.
The process includes discovery, document exchange, and depositions, with negotiations continuing through mediation. If settlement negotiations fail, the case proceeds to trial. The judge decides marital asset division, child custody, support, and other matters. Contested cases take longer and cost more.
What If Property and Children Are Involved in the Divorce?
Divorces involving children or significant property require additional court considerations. South Carolina follows equitable distribution to divide marital property, taking into consideration factors such as the length of the marriage, each spouse’s contributions, and economic circumstances.
Marital property includes assets and debts acquired during the marriage, while separate property remains with the original owner unless commingled. Child custody and visitation focus on the children’s best interests, including parental relationships, ability to provide, and the children’s preferences.
Child support follows state guidelines. Alimony may be awarded based on marriage duration, earning capacity, standard of living, and health.
An Experienced South Carolina Divorce Attorney Can Help You
The legal team at McKinney, Tucker & Lemel LLC, in Rock Hill, South Carolina, has served clients across York and Lancaster Counties since 1977, helping them make informed decisions and move forward with their lives. Our law firm provides comprehensive services throughout the legal separation and divorce process, including document preparation, meeting residency requirements, settlement negotiations, and representing clients in court.
Our Rock Hill divorce lawyers are dedicated to protecting clients’ rights through the entire process and pursuing fair outcomes in property division, custody, and alimony matters. Review our client testimonials to see how we have supported others facing complex family law challenges. Schedule a consultation today to discuss your legal matter.
