The filing fee for a divorce, annulment, and separate support and spousal maintenance actions in South Carolina is $150. There may also be other fees you will have to pay as well such as paying to have your court papers served on your spouse.
Do you need a lawyer to get a divorce in South Carolina?
No, you do not have to have a lawyer if you and your spouse are filing for an uncontested divorce in South Carolina. However, it is highly recommended that you seek the advice of a qualified family law attorney in all divorce cases.
Can I get divorced for free in SC?
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.
How much does a uncontested divorce cost in SC?
The court clerk will charge a filing fee to file the papers (currently $150). If you can’t afford the fee, you may request a waiver by filing a Motion and Affidavit to Proceed In Forma Pauperis. The court will decide if you qualify for a waiver.
Who pays for a divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.
How much does a divorce cost in SC?
If you assert that your spouse is at fault for the divorce, you must prove it to the court with evidence. What is the cost of divorce? According to a Lawyers.com survey, the average divorce in South Carolina costs $12,600, including $10,000 in attorneys’ fees.
Is SC A 50/50 divorce state?
Unlike many other states, South Carolina is not a community property state. In our state, the marital property in a divorce is not divided 50/50. Instead, it is distributed in a manner that is fair and equitable to both parties, which may not necessarily be an equal distribution.
How long do you have to be separated before divorce in SC?
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.
What is the fastest way to get a divorce in SC?
The fastest way to get a divorce in South Carolina is to file for divorce based on fault grounds (adultery, physical cruelty, habitual drunkenness, or abandonment) in a situation where your spouse consents, does not contest the grounds for divorce, and there are no other contested issues.
How do I get a simple divorce in SC?
Both you and your spouse must submit financial declarations to be put on file. Your agreement has to be in writing and approved by a family court. The court will examine the document to ensure it is fair to any children and both parties. Once the agreement is ready, the divorce case has to be filed with the courts.
Can you get a divorce without going to court?
It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.
What are the requirements for divorce in South Carolina?
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.
How quick can I divorce?
A divorce or dissolution will take at least 6 months to complete, even if your circumstances are straightforward. It might take longer if you need to sort out issues with money, property or children.
Why are divorces expensive?
More than fees related to court or lawyers, costs can also add up when you start working with other professionals such as divorce coaches, therapists, private mediators, and other kinds of legal or mental health practitioners.
What is the best way to handle a divorce?
- Recognize that it’s OK to have different feelings.
- Give yourself a break.
- Don’t go through this alone.
- Take care of yourself emotionally and physically.
- Avoid power struggles and arguments with your spouse or former spouse.
- Take time to explore your interests.
- Think positively.
Can you date while separated in South Carolina?
Can I Date While I Am Separated in South Carolina? There is no law that specifically states that you may not date another person while you are separated.
How long after divorce can you remarry in South Carolina?
Remarrying in South Carolina After your divorce is finalized, you need to wait 24 hours to apply for a marriage license in South Carolina. Since you can’t reverse your divorce after it’s finalized, the most practical step is just to get legally remarried.
Is South Carolina an alimony state?
There are 4 types of alimony in South Carolina which are permanent, rehabilitative, reimbursement, and lump sum. Permanent (Periodic) Alimony – Permanent alimony is the normal preference in family court.
Who serves divorce papers in SC?
The sheriff or his deputy or any other duly constituted law enforcement officer, or any person designated by the court who is not less than 18 years of age and not an attorney in, or a party to, the action may serve divorce papers.
What is considered adultery in SC?
According to South Carolina law (SC Code § 16-15-70 (2012)), adultery requires the individuals to live together and engage in carnal intercourse or, if not living together, engage in habitual carnal intercourse with each other.
What is considered abandonment in a marriage in SC?
In South Carolina, abandonment or desertion is defined as not living together for a period of one year, without justification or consent of the other spouse.
Who gets house in divorce SC?
It really depends on the size of the marital estate. If the marital estate is large enough, then the court can award the house and its equity to one spouse while the other makes up for it by receiving other assets. Family court judges have a ton of discretion in making their decisions.
What can be used against you in a divorce?
Spending marital money on extramarital affairs. Transferring marital funds to another person before a separation. Spending unreasonable amounts on business expenditures. Selling marital assets below the market value.
Is a spouse entitled to 401k in divorce in South Carolina?
In South Carolina, Are Retirement Accounts Split in a Divorce? If it’s a marital asset, then yes. If the retirement account started during the marriage, then it’s almost certainly a marital asset, and the spouse could be entitled to some of it, possibly even more than 50% depending on the circumstances.
Does a husband have to support his wife during separation?
If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.