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South Carolina divorce laws
| South
Carolina Divorce
Laws |
Link |
| South Carolina Child
Support Enforcement |
Link |
| South Carolina Low Income Self
Help |
Link |
| South Carolina State
Bar Association |
Link |
| South Carolina Coalition
Against Domestic Violence (safety) |
Link |
| South Carolina Child Support
Calculator |
Link |
| South Carolina Office of Dispute
Resolution |
Link |
| South Carolina Self-Representation
Self-Help |
Link |
| South Carolina Free Divorce and Support
forms (download) |
Link |
Child
Support
 The
two charts
above,
in conjunction
with
South
Carolina
divorce
laws,
are provided as an
indication
of what
child
support
amount
might
be required,
absent
any other
considerations.
The left
hand
column is the
combined
monthly
income
of the
parents.
Your
percentage of the
combined
income
would
be applied
to the
column
amount
based on how
many
children
you have.
Example:
Combined income
is $2,700.00
per month.
Your
income is $1,800,
or 66.6%
of the
total.
You have
3 children.
Your
share
(contribution)
to child
support
is $843
x 66.6%,
or $561.99. Should you wish to look at the guidelines directly,
you can
follow this
link.
| Divorce Myth: Because people learn from their bad experiences, second marriages tend to be more successful than first marriages. Reality: Although many people who divorce have successful subsequent marriages, the divorce rate of remarriages is in fact higher than that of first marriages. |
Residency 
In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action.
Child
Custody
"The
mother and father are
the joint natural guardians
of their minor children
and are equally charged
with the welfare and
education of their minor
children and the care
and management of the
estates of their minor
children; and the mother
and father have equal
power, rights, and duties,
and neither parent has
any right paramount
to the right of the other
concerning the custody
of the minor or the
control of the services
or the earnings of the
minor or any other matter
affecting the minor ".
So goes South Carolina
divorce laws.
Each parent, whether the custodial or non custodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children and the right to participate in their children's school activities unless prohibited by order of the court. Neither parent will forcibly take a child from the guardianship of the parent legally entitled to custody of the child. Child's preference for custody to be considered. In determining the best interests of the child, the court must consider the child's reasonable preference for custody. The court will place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference.
Visitation
Parties to a separation or divorce
have the option of submitting a visitation (parenting) plan to
the court during the legal process. A parenting plan will detail
the particulars on when each parent will have the children, and
what responsibilities they will have. If you cannot agree on a
visitation schdule, the court will order one. Features typically
found in a visitation agreement where the non-custodial spouse
is converned are: alternate weekend visitation (3-day weekends
included), mid-week visitation, sharing of the children during
periods of school recess -winter, spring and summer, New Year's
Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas
with one parent or the other in alternate years, Father's Day
with Father, Mother's Day with Mother, alternate years on the
children's birthdays, and open communication by phone and computer.
You may wish to consider these issues
and whether they should be a part of the agreement or not. Be
as specific as you can including the right language in your agreement.
How is the decreed custody defined? What are the rights and responsibilities?
Who has legal custody? Which holiday does the child spend with
you? What time and where may the other parent pick the child up?
What time should the child be returned home? What is the procedure
to follow if either of you are running late and won't be there
on time? How much notice should you be given if they are planning
a vacation? How far away may the other spouse move? What about
future partners? Should those partners stay overnight in front
of the children?
Marital Separation or Legal Separation
In South Carolina there is
no such thing as a legal separations. In its stead are orders
of Separate Maintenance and Support. This is an order
which sets forth a formal arrangement made in a judgment issued
by a judge. The judgment determines how the husband and wife
will legally live apart and details the responsibilities of each.
Should a husband and wife choose to live apart without such
a formal arrangement, but they are not legally living apart. One
of the marriage partners may choose to seek an order of separate
maintenance and support for several reasons. The judge hearing
the case can determine the amount of support to be paid by one
partner to the other, if any; which of the marriage partners will
get to live in the family home; can determine questions of child
custody and visitation rights and divide property. An order of
separate maintenance and support does not allow either partner
to marry or have sex with anyone else until a divorce has taken
place.
| Divorce Myth: Living together before marriage is a good way to reduce the chances of eventually divorcing. Reality: Many studies have found that those who live together before marriage have a considerably higher chance of eventually divorcing. The reasons for this are not well understood. In part, the type of people who are willing to cohabit may also be those who are more willing to divorce. There is some evidence that the act of cohabitation itself generates attitudes in people that are more conducive to divorce, for example the attitude that relationships are temporary and easily can be ended. |
Grounds
for Divorce
South Carolina divorce laws have established
the following grounds for divorce: 1. The length of the marriage; 2. The
conduct of the parties during the marriage; 3. The contribution of each
of the parties during the marriage in the acquisition, preservation, or
appreciation in value of their respective estates; 4. The contribution
and services of either party as a homemaker; 5. The health and age of
the parties; 6. The amount and sources of income of
each of the parties; 7. The occupation and employability of
each of the parties; 8. The opportunity of each party for future
acquisition of capital assets and income; 9. The contribution by
one party to the education, training, licensure, business, or increased
earning power of the other; 10. The need of the custodial parent to
occupy or own the marital residence and to use or own its household
effects taking into account the best interests of the children of
the marriage; 11. Either party's wasteful dissipation
of assets or any transfer or encumbrance of assets made in contemplation
of divorce without fair consideration; and 12. Any
factor which the court shall expressly find to be just and proper
Mediation or Counseling
South Carolina is going to make a reasonable
attempt at getting the couple to reconciliation.
Be prepared for it. The referee will make
an earnest effort to bring about a reconciliation
between the parties if they appear before
him. South Carolina divorce statutes require
that the referee notify the court if reconciliation
is unattainable. No divorce will proceed
without this notification. South Carolina
divorce statutes are clear on this.
Marital Annulment or Marriage Annulment
An annulment in South Carolina is the court’s
declaration that the marriage never existed or is void. This different
than a divorce (dissolution) whi ends a marriage. The annulment process
in South Carolina can be challenging because annulments are more difficult
to get. The difficulty for annulments is that one must proove a ground
for annulment sufficient to convince a judge. Grounds for a South Carolina
annulment include: Fraud- South Carolina annulment laws list fraud
as a legal annulment ground in South Carolina, Duress- Causing
duress or threatening someone into marriage is a valid annulment ground
according to South Carolina annulment laws, Mental
Illness- South Carolina annulment laws state that a mentally incapacitated
person cannot enter into a marital contract. If your spouse has a mental
illness, you can claim annulment under South Carolina annulment laws, Underage
Marriage- persons marrying underage qualifies as a ground for annulment,
Impotency- Unable to consummate the marriage is a ground for annulment,
STD's- Passing to your partner a venereal disaese is a ground for annulment.
Alimony/Maintenance/Spousal
Support
Alimony (maintenance) may be requested
by either party. It can be temporary or permanent, lump sum or by
payments. No alimony may be awarded a spouse who commits adultery
before the earliest of these two events: the
formal signing of a written property or marital settlement agreement
or entry of a permanent order of separate
maintenance and support or of a permanent order approving a property
or marital settlement agreement between the parties.
| Divorce Myth: Divorce may cause problems for many of the children who are affected by it, but by and large these problems are not long lasting and the children recover relatively quickly. Reality: Divorce
increases the risk of interpersonal problems in children. There
is evidence, both from small qualitative studies and from large-scale,
long-term empirical studies, that many of these problems are
long lasting. In fact, they may even become worse in adulthood. |
Waiting
Period
 No reference will be had before two months after the filing of the complaint in the office of the Clerk of Court, nor will a final decree be granted before three months after such filing. Provided, however, that when the plaintiff seeks a divorce on the grounds of desertion or separation for one year, the hearing may be held and the decree issued after the responsive pleadings have been filed or after the respondent has been adjudged to be in default whichever occurs sooner.
Grandparents
Rights
South
Carolina divorce statutes
|
