The Process of Obtaining a Divorce Decree in South Carolina

The process of obtaining a divorce decree in South Carolina involves several steps that require careful attention to legal details. Understanding these steps can make the experience smoother and less stressful for those involved.

1. Grounds for Divorce
In South Carolina, there are specific grounds for filing for divorce. The state recognizes both fault and no-fault grounds. Common no-fault grounds include living separate and apart for at least one year. Fault grounds include adultery, physical cruelty, and habitual drunkenness. Identifying the appropriate grounds is the first step in the divorce process.

2. Filing the Complaint
The next step is to file a Complaint for Divorce with the Family Court in the county where either spouse resides. This legal document outlines the grounds for divorce and any requests for issues like child custody, alimony, or property division. After filing, a case number will be assigned.

3. Service of Process
Once the Complaint is filed, the spouse (known as the defendant) must be formally notified. This is done through a legal process called 'service of process.' The Complaint and a summons are served to the defendant, which can be done by a sheriff or a professional process server.

4. Response from Defendant
The defendant has 30 days to respond to the Complaint. If they agree with the terms, they can file an answer, and the process may be expedited. If they disagree, they will file a counterclaim, leading to further legal proceedings.

5. Mediation and Settlement
South Carolina encourages mediation to resolve disputes peacefully. Mediation can address issues such as asset division, custody, and support without going to trial. Both parties and their attorneys can work together to reach an agreement that suits all involved.

6. Trial
If mediation fails, the case will go to trial. A judge will hear evidence from both parties, including testimonies and documentation, to make a decision on contested issues. The trial process can be lengthy and requires both parties to prepare thoroughly.

7. Finalizing the Divorce Decree
Once the trial is concluded, the judge will issue a final divorce decree. This document legally ends the marriage and details the terms of custody, support, property division, and other relevant issues. It is essential to ensure that all terms are understood and agreed upon before finalizing.

8. Post-Divorce Modifications
After receiving the divorce decree, circumstances may change that require modification of the original terms, especially regarding child custody or support. South Carolina allows for modifications based on significant life changes, but a petition must be filed with the court.

9. Consult Legal Assistance
Throughout the process of obtaining a divorce decree in South Carolina, it is advisable to consult with a qualified family law attorney. Legal representation can provide guidance on complicated issues and help protect your rights during the divorce proceedings.

Understanding the process of obtaining a divorce decree in South Carolina is crucial for those considering separation. By following these steps and seeking needed legal support, individuals can navigate this challenging time with greater confidence.