how to divorse without a lawyer in south carolina

• File the Divorce Complaint. The first step in a simple divorce is to file the following papers with the Clerk of Court, Family Court Division, in the proper South Carolina ...
• Serve Your Spouse and File Proof of Service. After filing your forms, you'll need to serve (deliver) a copy of the divorce papers on your spouse.
• Wait for Your Spouse's Answer and Request a Hearing. Under South Carolina rules, your spouse has 30 days to file a Defendant's Answer to the divorce complaint.
• Prepare for Your Hearing. To prepare for your hearing, complete a Final Order of Divorce and a Report of Divorce or Annulment.
• Attend the Hearing and Finalize Your Divorce. During the hearing, the judge will ask questions about your documents, marriage, and separation. ...

Full Answer

How to get a quick divorce in SC?

The forms you will need to include with your paperwork include:

• Family Court Cover Sheet
• Certificate of Exemption
• Summons for Divorce
• Complaint for Divorce
• Financial Declaration Form (do not sign this until you are in front of a notary public)
• Acceptance of Service
• Request for Hearing, and
• Final Order of Divorce

How do you file for a divorce in SC?

Specifically, you'll need to complete fill out the following:

• Family Court Cover Sheet
• Certificate of Exemption
• Summons for Divorce
• Complaint for Divorce
• Financial Declaration Form (do not sign this form until you are in front of a notary public)

What are the rules for divorce in SC?

While divorce cases can vary significantly, there are few general rules regarding divorce in South Carolina. The request for divorce based on grounds of fault cannot have a hearing scheduled until two months after the Complaint and Summons were filed. In that case, the divorce cannot be given until three months after filing the divorce case.

What to look for in a good divorce lawyer?

You need someone who can take the following actions on your behalf:

• Review the circumstances surrounding your divorce and how state laws are likely to apply;
• File the appropriate legal documents with the court and respond to any pleadings you receive from your spouse;
• Appear by your side at divorce-related hearings, making effective legal arguments on your behalf;

More items...

How do I file for divorce in South Carolina without a lawyer?

Complete the South Carolina Self-Represented Litigant Simple Divorce Packets online using a free, interactive program provided by South Carolina Legal Services. This program allows you to quickly and easily complete the divorce packet by answering simple questions online. Visit www.lawhelp.org/sc for more information.

How much does it cost to get a uncontested divorce in South Carolina?

Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesSouth Carolina$150South Dakota$95Tennessee$184.50 (without minor children), $259.50 (with minor children)Texas$300 (depending on child support or custody factors)48 more rows•Jul 21, 2020

How do I get a divorce in SC without waiting a year?

How do I get a divorce in South Carolina without waiting a year? If you can prove a fault-ground for divorce like adultery, habitual drunkenness, physical cruelty, or abandonment, you do not need to wait for the one-year continuous separation.

Can You Do Your Own divorce in SC?

In an uncontested divorce—also called a "simple divorce" in South Carolina—you and your spouse agree on all of the issues required to end your marriage. An uncontested divorce is faster and cheaper than traditional divorce, and spouses can often use a DIY solution like an online divorce service.

How long do you have to be separated before divorce in SC?

one yearHow long do you have to be separated in South Carolina to get a divorce? To file for a no-fault divorce in South Carolina, spouses must be separated for one year.

How do you prove separation in SC?

The no-fault ground for divorce in South Carolina is to prove that you and your spouse have lived separately and apart for more than one year. That means that you have intentionally and voluntarily lived in a separate residence from your spouse for more than one year.

Is a sexless marriage grounds for divorce in South Carolina?

Although a sexless marriage is not listed in the law as a ground of fault for absolute divorce or divorce from bed and board, it can be strong evidence for a court to find constructive abandonment.

What is considered abandonment in a marriage in SC?

In South Carolina, abandonment or desertion is defined as not living together for a period of one year, without justification or consent of the other spouse.

How long do you have to be separated before divorce is automatic?

Most state courts will automatically enter a divorce decree if the parties have been legally separated for a period of time, often one to two years, and meet the basic eligibility requirements.

Do you have to go to court for a divorce?

In short, no. The court is an integral part of the process but you do not have to attend at court unless you require a judge to adjudicate a dispute between you.

Can I get divorced without a lawyer?

Yes, it is possible to file your own divorce and complete the process without the aid of an attorney.

What are the reasons for divorce in South Carolina?

There are five grounds for divorce in South Carolina: adultery , habitual drunkenness , physical cruelty, abandonment and no fault , which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina.

What is the phone number for a lawyer in South Carolina?

and 5 p.m. The number is 799-7100 in Richland or Lexington Counties, and 1-800-868-2284 from other parts of the state.

What is a divorce action?

A divorce action is started when one spouse, or his or her attorney, files a Summons and Complaint, stating the grounds on which he or she wishes to be divorced from the other spouse, and, if applicable, how he or she would like the marital assets and debts to be divided.

How long is a final divorce hearing?

In an action for divorce only, there is one hearing, a final divorce hearing. This hearing is scheduled for 15 minutes, and is purely to determine whether the requirements for divorce on the ground requested have been met.

Who is served with summons and complaint?

Once the case is filed, the other spouse is personally served with a certified copy of the Summons and Complaint. The spouse ’s attorney, if he or she has one, may accept service of the Summons and Complaint on behalf of his or her client.

Can you request a divorce from the other spouse?

A divorce action may be initiated as a separate case, only requesting a divorce from the other spouse, once the grounds for the divorce are proven, or as part of an action including separate maintenance and support. To include the request for divorce as part of a case for separate maintenance and support, the parties must satisfy ...

Can a divorce be included in a separate maintenance and support case?

To include the request for divorce as part of a case for separate maintenance and support, the parties must satisfy the separation requirement before filing, or the filing spouse must be able to prove the fault ground (s) alleged in the Summons and Complaint .

What Forms Do You Need to File for a Divorce in South Carolina?

To begin the process, you’ll need to fill out several divorce forms including:

Where Do You File Your Divorce Forms?

The next step is to file the papers with the Clerk of Family Court. Under S.C. Code § 20-3-60, you can file in one of four locations:

How Do You Serve Your Divorce Forms in South Carolina?

After filing your forms with the Clerk of Family Court, you must serve (deliver) a copy of the paperwork described above. Serving papers is also known as “service of process.” Service of process lets your spouse know that you are suing your spouse for a divorce. In South Carolina, the ways to serve your spouse are:

10 Essential Tips for Representing Yourself in a South Carolina Divorce

As I mentioned at the beginning of this article, representing yourself in your divorce is far from easy. If you choose to handle your own divorce in South Carolina, then the following ten tips are critical before you divorce without a lawyer:

Final Thoughts

Of course, it sounds self-serving for me to say that you should never represent yourself in family court. After all, I make part of my living by representing people who are divorcing. However, there’s a good reason I say you shouldn’t go it alone in your divorce.

What to know before divorce in South Carolina?

To best protect yourself, you need to know how the division of assets, child custody, child support and alimony and other critical issues will be handled by the court before you start ...

How is spousal support determined in South Carolina?

In South Carolina, spousal support is determined using a number of statutory factors based on state law. Those factors include: the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties; the physical and emotional condition of each ...

How long does a spouse have to answer a divorce petition?

Your spouse has 35 days after receiving the initial divorce documents to file an Answer.

What is the educational background of each spouse?

the physical and emotional condition of each spouse; the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse’s income potential; the employment history and earning potential of each spouse;

How to avoid disagreements with a gift?

To avoid disagreements, when possible, try to document the receipt of a gift, along with any notations that will help to clearly define the intent of ownership should the subject come up at a later date . This can also be clarified through the execution of a prenuptial or postnuptial agreement.

What does a judge consider when deciding a stay at home spouse?

A judge may also consider non-monetary contributions to the marriage and put value on a stay-at-home spouse’s contributions if they took care of children, engaged in household chores and homemaking or supported their spouse professionally.

Is South Carolina a 50/50 divorce state?

South Carolina is an equitable distribution state which means in a divorce, all marital property will be divided in a fair and equitable manner, but not necessarily 50/50. Several things are taken into account to reach this decision.

How long do you have to be separated to get a divorce in South Carolina?

In a South Carolina no-fault divorce, you don't have to prove any sort of marital misconduct for a judge to grant the divorce—you need to show only that you and your spouse have been separated for one year.

How long do you have to live in South Carolina before filing for divorce?

you or your spouse has lived in South Carolina for at least one year before filing for your divorce, or you and your spouse both live in South Carolina and have lived there for at least three months before filing for divorce (S.C. Code Ann. § 20-3-30 (2021))

What to do if my spouse agrees to divorce?

If you and your spouse agree on all the divorce-related issues, your next step is to complete a Request for Hearing and submit it to the court. When you file this form, you must also file a copy of your return receipt or other affidavit you properly served your spouse (unless you have already filed it).

What is contested divorce?

A divorce is "con tested" when the spouses don't agree on some or all aspects of the divorce, meaning that a judge will hold a trial, examine the evidence, and call witnesses. The contested divorce process takes quite a while. In contrast, in an uncontested divorce—also called a "simple divorce" in South Carolina—the spouses agree on all ...

What to ask a judge at a divorce hearing in South Carolina?

During the hearing, the judge will ask questions about your documents, marriage, and separation. You may use a sample script from the South Carolina Judicial Branch website to prepare yourself. After granting your divorce, the judge will sign the Final Order of Divorce.

Is an uncontested divorce cheaper than a traditional divorce?

An uncontested divorce is much faster and cheaper than traditional divorce—spouses can often use a DIY solution like an online divorce ...

Is divorce final until the court signs the order?

Your divorce is not final until the judge signs the order and files it with the Clerk of Court. The judge might also ask you to complete a Judgment in a Family Court Case, which you can find on the court's website. Talk to a Lawyer.

What are the reasons for divorce in South Carolina?

These so-called at-fault reasons for divorce in South Carolina are: Adultery. Physical cruelty.

What happens if you don't have an agreement with your spouse?

Whether you blame your spouse or not, you and your spouse will have to hash out agreements regarding the various and important aspects of your post-divorce life. If you cannot come to an agreement, a judge will make the decisions for you, and you will be bound by them.

What are the issues in divorce?

While the circumstances that surround each divorce is unique, the major issues of every divorce usually fall into these categories: How to divide the property and debts. Should one spouse be financially supporting the other with alimony payments. Who gets custody of the children.

What is equitable distribution in South Carolina?

Family law judges in South Carolina apply the divorce law of equitable distribution when it comes time to divide the property and debts between a divorcing couple. This approach seeks a fair solution, although "fair" does not always mean a 50-50 split.

What factors would a judge take into consideration when deciding a marriage?

Among the many factors a judge would take into consideration are: The financial contributions of each spouse to the marriage. The age and health of the spouses. Whether one of the spouses is at fault for the failure of the marriage. The length of the marriage.

What happens if a spouse receives an inheritance?

If a spouse acquired property, received an inheritance, or gifts outside the marriage, then those items are exempt from equitable distribution. In negotiating how to fairly divide the property and debts, it is helpful to consider how a judge would decide.

What is the law regarding custody of a child?

Divorce law there says a custody arrangement must be crafted in the best interest of the child. Judges may order joint, or shared, custody. If one parent is given primary custody, the other parent usually has a right to regular visitation.

South Carolina Divorce Laws

Divorce in South Carolina is started when one spouse (the plaintiff), or their attorney, files a Summons and Complaint. The document needs to state:

Is South Carolina a No-Fault Divorce State?

South Carolina recognizes no-fault and fault-based grounds for divorce. To file for a no-fault divorce in South Carolina, the couple has to have intentionally lived separately for over one year without cohabitation.

Can You Have an Uncontested Divorce in South Carolina?

It’s possible to file an uncontested divorce—also called friendly divorce—in SC, but you must:

How To File for Uncontested Divorce in SC

Filing uncontested divorce papers in South Carolina will require you to:

Serving Divorce Papers in SC

In South Carolina, anyone who is neutral to the case and is over 18 years old can personally serve the divorce papers to your spouse. You can also hire a sheriff or a process server to do it for you for a fee.

How Much Does a Divorce Cost in SC?

The cost of a divorce in South Carolina averages around $10,000, but it depends on multiple factors, such as:

How Long Does It Take To Get Divorced in SC?

Divorces in South Carolina can take anywhere from 90 days to over a year to complete. The factors that impact the length of your divorce are:

How Do You Represent Yourself in a Divorce in South Carolina?

When you represent yourself in any court, including family court, you are referred to as a “pro se” litigant.

10 Tips for Handling Your Own Divorce in South Carolina

1) Leave Your Emotions Outside the Courthouse – As Abraham Lincoln said, “he who represents himself has a fool for a client.” Part of the reason for this saying is that when you are emotionally involved with your divorce (and you will be), your judgment may be clouded by your emotions. Judges don’t like a lot of drama in their courtrooms.

Final Thoughts

Of course, it sounds self-serving for me to say that you should never represent yourself in family court. After all, I make part of my living by representing people who are divorcing. However, there’s a good reason I say you shouldn’t go it alone in your divorce.