how to file for divorce for 3 to 6 months without a lawyer in sc

You can file for divorce without the assistance of an attorney if your spouse and you have lived separately for a period of 1 year continuously. You can use the divorce packet of forms that are approved by the court and is available online, free of cost. Alternatively, by paying a nominal fee, you can buy the forms from your local courthouse.

Full Answer

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

Your spouse or you have lived in South Carolina for a period of at least 1 year before filing for divorce or both your spouse and you live in the state and have lived there for a minimum of 3 months before filing for divorce.

Is South Carolina a 50/50 state in a divorce?

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 much does it cost to get a divorce in SC?

Lawyer Costs: If you decide to hire a lawyer, then your divorce could cost between $4,000 and $28,000 and the attorney’s fees can cost around $10,000 on an average. State Site: You can get complete information about the divorce process in South Carolina, here.

What are the grounds for divorce in South Carolina?

In South Carolina, no divorce will be granted by the court except on the basis of one or more of the grounds mentioned below: If the couple has lived separately and apart for a period of 1 year without cohabitation. HELPFUL TIPS!

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 do I get a 90 day divorce in South Carolina?

Parties may* obtain a divorce 90 days after the date of filing if a fault-based ground exists and the burden of proof is met to show that the fault-based ground exists. *Parties may be able to obtain a divorce 90 days after the date of filing if ALL issues in the case have been resolved on a final basis.

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 divorce take 3 months?

For the most part the divorce process is actually quite slow. It can take up to 3 months to get a Decree Nisi and 10 months for the Decree Absolute. Where you live and in which court your application is filed can cause delays as some courts have seen longer delays than others due to the impact of COVID.

Can I get a divorce without going to court?

An uncontested divorce is one in which you and your spouse work together to agree on the terms of your divorce. You will both consult with the same attorney, who will be unbiased and impartial. There is no formal trial, and only the plaintiff appears in court.

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.

How much does an uncontested divorce cost 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 much does it cost to file for divorce in SC?

The filing fee for a divorce, annulment, and separate support and spousal maintenance actions in South Carolina is $150. There may also be other fees you will have to pay as well such as paying to have your court papers served on your spouse.

How long does it take to get an uncontested divorce in South Carolina?

Both parties are ready to leave the marriage, are willing to move forward and agree on the basic terms of how post-marriage life will work. Since so much is agreed upon, uncontested divorces can take as little as two or three months to resolve after the separation requirements are fulfilled.

Can you get a quick divorce?

The easiest type of divorce, which takes the least amount of time, is called an uncontested divorce. This relatively fast divorce happens because all of the major issues have been agreed upon by you and your 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.

Can I divorce my wife for not sleeping with me?

In some instances, the absence of sex in a marriage can be a valid ground for divorce as there are laws that regulate it withholding sex in a marriage. Indeed, sometimes a marriage without sexuality is an indication that a marriage cannot be restored.

How much does it cost to file for divorce in South Carolina?

The filing fee for a divorce, annulment, and separate support and spousal maintenance actions in South Carolina is $150. There may also be other fees you will have to pay as well such as paying to have your court papers served on your spouse.

What to do if you have a lawyer in South Carolina?

If you are working with an attorney in South Carolina, they will make sure all the forms are correct, and walk you through the necessary steps involved with filing your papers with the court.

How to serve divorce papers?

Serving Your Spouse with Divorce Papers. After you file your papers with the court, you must provide your spouse with a copy of those papers. A professional process server, a sheriff’s deputy or someone over age 18 can serve the papers on your spouse .

What is the Civil Relief Act in South Carolina?

The Servicemembers Civil Relief Act eases legal and financial burdens of military personnel and their families who face the added challenges of active duty.

What is the fee for filing a motion in Forma Pauperis?

If you cannot afford to pay the initial $150 filing fee, you may file a motion called the “Motion and Affidavit to Proceed In Forma Pauperis” asking the judge to waive the filing fees.

How to start the divorce process?

Begin the divorce process by gathering information. No matter your circumstances, you will benefit from being organized at the outset when it comes to tracking down the financial documentation that you’ll need.

What is the next step in divorce?

Once you have decided what kind of divorce procedure you will follow, the next step is to complete a series of forms that will be submitted to the court to start your official divorce process.

How to file for divorce without an attorney?

To file for divorce without an attorney, talk it through with your spouse beforehand, if you can, to divide up assets and debts and discuss custody of children, if you have any. Go online or visit your county clerk's office to get the forms you'll need, like the petition for divorce and summons.

How long does it take to get divorced?

Comply with all divorce and court requirements to get divorced. The whole process can take months until the divorce is finalized. It is important that you always know where your case stands and what you need to be doing to help the process along. It is possible that the court might be waiting on you to act, so you need to know what's happening so you can finalize the divorce in a reasonable amount of time.

How much does it cost to file for divorce?

In most jurisdictions, the filing fee ranges from $100.00 to $300.00. If you cannot afford to pay the court’s filing fee, you may be able to ask the court to waive the normal filing fee.

How to get a copy of divorce decree?

Obtain a copy of the divorce decree. Get a certified copy of your divorce decree from the clerk’s office or the court administrator’s office. You'll need a copy of your divorce decree for many things in the future, such as buying a house or getting remarried, so make sure you get a certified copy and put it in a safe place. You also will need it in order to officially change your name if your divorce granted you the right to return to your maiden name or a previous married name.

What form can be filed with the court if you and your spouse agree on all issues related to the divorce?

Settlement Agreement – This form can be filed with the court if you and your spouse agree on all issues related to the divorce.

What is a preliminary hearing in divorce?

For instance, you may have a provisional or preliminary hearing, which deals with temporary orders, usually dealing with children and possession of the marital residence and vehicles, while your divorce is going on. You may also have a final divorce hearing, at which the court is likely to grant your divorce. Other states and courts may require additional hearings as needed.

What is a petition for divorce?

Petition for Divorce – This document requests that the court grant you a divorce.

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 you don't meet all of the requirements for a simple divorce in South Carolina?

If you do not meet all of the requirements for a simple divorce, the South Carolina Judicial Branch recommends that you consult with an attorney.

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).

How long do you have to live together to file for a no fault divorce?

you are filing for a no-fault divorce using the ground that you and your spouse separated for at least one year, and haven't lived together at any point during that year

How to prepare for divorce hearing?

To prepare for your hearing, complete a Final Order of Divorce and a Report of Divorce or Annulment. You must also have one person testify at the hearing who has personal knowledge that you and your spouse lived separate and apart for one year. On the day of your hearing, bring the above documents to the court, along with your witness (es).

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.

Where do you file for a divorce in South Carolina?

You may file in the county where you and your spouse last shared a residence, in the county where your spouse lives at the time of filing, or in the county where you live, if your spouse is not a resident of South Carolina. If you are filing in South Carolina, but do not live in the state, you must file in the county where your spouse (the defendant) lives. (S.C. Code Ann. § 20-3-60 (2021).)