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Divorce
Forms
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 At
one time, there were certainties like death, taxes
and an oath to stay faithful and married. As they
say, two out of three ain't bad, we suppose. You're
probably in somewhat of a a panic, looking for
answers? Take
a deep breath. If nothing else, we'll give you
some answers and ease your anxiety. If you're
having a tough time coping, perhaps you should view
this page first.
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
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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 the link
above that reads South Carolina Divorce Laws.
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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 child 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.
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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.
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Visitation/Co-Parenting
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
schedule, the court will order one. Features typically
found in a visitation agreement where the non-custodial
spouse is concerned 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.
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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?
Be aware that you have to guide your side of
the divorce. Don't rely that your attorney will
think of everything. You set the course; your
lawyer navigates. If you anticipate any problems
with custody or visitation, we suggest you own Child
Custody Strategies.
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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.
In determining
alimony (or spousal support) the courts may consider:
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.
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Grounds
For Divorce
South Carolina divorce
laws have established the following grounds for
divorce based on fault and no fault claims.
No fault petitions: must
have lived apart for at least one year without
cohabitation;
B. Fault: (1) Adultery;
(2) Willful desertion for a period of one year;
(3) Physical cruelty; (4) Habitual drunkenness
or drug abuse. |
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Marriage
Annulment
Marital Annulment
An annulment
in South Carolina is the court’s declaration
that the marriage never existed or is void. This
is different than a divorce (dissolution) which
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 prove 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 disease is a ground for annulment.
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Marriage
Counseling/
Mediation
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 wants you to
be certain before you move forward with a divorce.
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Legal
Separation/
Marital Separation
In South Carolina there
is no such thing as a legal separation. 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.
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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.
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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.
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Grandparents Rights
South Carolina
divorce statutes and Federal law allow courts
to order periods of visitation for the grandparents
of a minor child where either or both parents
of the minor child is or are deceased, or are
divorced, or are living separate and apart in
different habitats regardless of the existence
of a court order or agreement, |
and
upon a written finding that the visitation rights
would be in the best interests of the child and
would not interfere with the parent/child relationship.
In determining whether to order visitation for
the grandparents, the court will consider the
nature of the relationship between the child and
his grandparents prior to the filing of the petition
or complaint.
State
Fact Sheets for Grandparents and Other Relatives
Raising Children |
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Divorce
Settlement
In a
proceeding for divorce or separate support and
maintenance, or in a proceeding for disposition
of property following a prior decree of dissolution
of a marriage by a court which lacked personal
jurisdiction over an absent spouse or which lacked
jurisdiction to dispose of the property, and in
other marital litigation between the parties,
the court will make a final equitable apportionment
between the parties of the parties' marital property
upon request by either party in the pleadings.
In making apportionment, the court must give weight
in such proportion as it finds appropriate to
all of the following factors: 1.
the duration of the marriage together with the
ages of the parties, 2. marital misconduct or
fault of either or both parties, 3. the value
of the marital property, 4. the income of each
spouse, the earning potential of each spouse,
and the opportunity for future acquisition of
capital assets; 5. the health, both physical and
emotional, of each spouse; |
5.
the need of each spouse or either spouse for additional
training or education in order to achieve that
spouses's income potential; 7. the non marital
property of each spouse; 8. the existence or nonexistence
of vested retirement benefits for each or either
spouse; 9. whether separate maintenance or alimony
has been awarded; 10. the desirability of awarding
the family home as part of equitable distribution
or the right to live therein for reasonable periods
to the spouse having custody of any children;
11. the tax consequences to each or either party
as a result of any particular form of equitable
apportionment; 12. the existence and extent of
any support obligations, from a prior marriage
or for any other reason or reasons, of either
party; 13. liens and any other encumbrances upon
the marital property, 14. child custody arrangements
and obligations at the time of the entry of the
order; and 15. such other relevant factors as
the trial court shall expressly enumerate in its
order.
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Residency
Requirements
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.
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