The Process for Filing for Divorce in South Carolina Family Court

Filing for divorce in South Carolina involves several important steps that must be followed to ensure the process is completed correctly. Understanding these steps can help alleviate some of the stress associated with divorce. This guide outlines the process for filing for divorce in South Carolina Family Court.

1. Determine Your Grounds for Divorce

In South Carolina, there are specific grounds for divorce. The most common is "one year continuous separation," which means you must have lived apart for a year without cohabiting. Other grounds include adultery, physical cruelty, and habitual drunkenness. Identifying the right grounds for your situation is the first step in the process.

2. Verify Residency Requirements

To file for divorce in South Carolina, at least one spouse must be a resident of the state for a minimum of one year. If the couple was married in South Carolina, one of them must have lived in the state for at least three months to file. Confirming these residency requirements is essential to proceed with your case.

3. Prepare Necessary Documents

The next step is to prepare the required legal documents. This includes the Complaint for Divorce, which outlines your grounds for divorce and your requests for custody, property division, and support if applicable. You may also need additional forms such as a Summons and, if there are children involved, a Parenting Plan.

4. File the Documents with Family Court

After preparing your documents, you must file them with the appropriate Family Court in your county. This typically involves paying a filing fee, which can vary by county. Once filed, the court will assign a case number to your divorce, which you will need for all future documents related to your case.

5. Serve Your Spouse

After filing, you must officially notify your spouse of the proceedings. This is done through a process called service of process, which can be accomplished in several ways: via a sheriff, professional process server, or certified mail. Your spouse must receive the documents within 120 days of your filing.

6. Responding to the Divorce

Your spouse has 30 days from the time they are served to respond to the Complaint for Divorce. If they agree to the terms, they can sign a consent order. If they contest any aspects, the case may proceed to mediation or court hearings.

7. Temporary Relief Hearing

If immediate issues arise, such as child custody or support, you can request a temporary relief hearing. This allows the court to make urgent decisions while the divorce case is ongoing. You must file a Motion for Temporary Relief to initiate this process.

8. Attend Mediation

South Carolina courts often require couples to attend mediation before going to trial. Mediation provides an opportunity for both parties to negotiate and reach agreements on various issues related to the divorce. If mediation is successful, you can submit a marital settlement agreement to the court.

9. Finalize Your Divorce

If an agreement is reached through mediation, the final step is scheduling a final hearing before the court to finalize the divorce. If no agreement is reached, the case may proceed to trial, where a judge will make decisions on contested issues. After a judge reviews your case, they will issue a final divorce decree, legally ending your marriage.

10. Post-Divorce Matters

Once the divorce is finalized, you may need to address additional matters such as changing names, modifying child custody or support, and managing property distribution. It is important to ensure all aspects of the divorce are fully understood and executed as agreed.

Filing for divorce can be complex and emotionally challenging, but understanding the process can help make it manageable. Consult with a qualified family law attorney to navigate these steps successfully and protect your rights throughout the process.