Silence, avoidance, provoking one another, and going from ‘we’ to ‘I’ and ‘me’ are all signs of a failing relationship. Relationships can be revived, but sometimes, it’s essential to consider divorce for peace and safety. Over 600,000 Americans get divorced annually. It is undoubtedly a painful journey. Let us help you navigate this process. If you live in South Carolina, consider the following legal concerns.
Grounds for Divorce
The legally accepted reasons for divorce filing can be no-fault or fault-based; the extent of each determines the division of assets and alimony. South Carolina divorce laws cover these five grounds:
Adultery
Section 16-15-70 defines adultery as intercourse with someone else when you are legally married to another person. You can often prove your spouse committed adultery by establishing either inclination or opportunity. An example of inclination would be developing a romantic interest outside your marriage, such as by joining a dating app. Proving opportunity would require you to prove they acted on that romantic interest.This will bar the other party from receiving alimony, and they may also have their share of the marital property (property shared between two spouses) reduced.
Drunkenness or Narcotics Abuse
You will have to prove that your spouse’s abuse of drugs and alcohol is habitual, happening around the time of your divorce, and is causing the breakdown of your marriage. Going to rehabilitation facilities without avail, losing their job, police reports, or medical records can be clear pieces of evidence.
Physical Cruelty
South Carolina does not recognize mental or emotional abuse as grounds for divorce; you will instead need to prove their action created a substantial risk of death or intended to cause serious bodily harm to you. Threatening you or showing the intention of causing severe bodily harm is also grounds for divorce. If you have photographic evidence or medical records, they will serve you well/
One Year of Continuous Separation
This is a no-fault divorce. You must prove that you and your spouse live separately (without cohabitation) for at least one year.
Desertion
Being deserted and abandoned by your spouse for one year also serves as a ground for divorce. However, it is not often pleaded as most divorces are granted on the ground of one year of continuous separation.
Will I Need a Divorce Lawyer?
A lawyer isn’t required to file for divorce in South Carolina. You don’t need one if you have an uncontested divorce in which neither party objects to the divorce. You also don’t need a lawyer if you have a written marital settlement agreement covering the end of a marriage, division of assets, child custody, and more.
However, you might need a lawyer if the divorce is contested. A lawyer will guide you through the process, help you find and fill in the right documents and file your case in the right county. You and your spouse living in different states will affect your property division and require a lawyer.
You can also get a lawyer to review your settlement agreement to ensure that the agreement is fair to you. Divorce involves not only property and assets, but children as well. Deciding who will get custody or being unable to reach a settlement case leads to court cases, and you will need a lawyer to guide you. If you think your spouse is a threat to your children, you can file for sole custody, and your lawyer will help prove that it’s in the child’s best interest to remain in your care.
What Are the Next Steps?
Prepare, Filing, and Serving Your Divorce Forms
You can download self-represented litigant plaintiff or defendant forms from the SC judicial branch. You will need three copies of each form: one for you, your spouse, and one for the court. You will then file your documents in the Family Court Division.
You will then have to serve your spouse the documents in ways South Carolina allows: hand delivering them or through certified mail, by a process server, or more. Your spouse will sign an Acceptance of Service form, which you file with the court. If you can’t afford to pay for filing or serving fees, you may file a Motion and Affidavit to Proceed in Forma Pauperis, which the court must approve.
Defendants Response
The defendant will agree and send an answer form in an uncontested divorce. You will file it with the court clerk and request a hearing. If your spouse hasn’t answered within 30 days, you will show proof you sent the documents. You can then file a completed Affidavit of Default for Divorce and a request for a hearing.
Finalizing
In an uncontested divorce, you will attend a divorce hearing. The judge will ask questions, hear your witness’s testimony, review your forms, and if everything checks out, the judge will sign the Final Order of Divorce. In a contested divorce, you must go to the court hearings and trial, where the judge will decide on any unresolved issue.
Endnote
A divorce is never easy; you must navigate a new life, face emotional changes and deal with a complicated legal system. We recommend you work with experienced lawyers who can guide you and make this process easier. They will help you plan the right strategy when your spouse isn’t cooperating, gather pertinent evidence in a trial, and ensure your rights are met.
