how to file for divorce in s.c. without a lawyer

by Dr. Mike Ryan Published 2 years ago Updated 1 year ago 9 min read

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.

Can you get a divorce without going to court in SC?

A divorce may be either no-fault or based on specific grounds in addition to being contested or uncontested. An uncontested or “simple” divorce in South Carolina is one where both parties agree on the basics of divorce.Feb 12, 2020

How much does it cost to file divorce papers 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 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.Apr 7, 2021

How do you prove separation in SC?

South Carolina does not recognize “legal separation.” Instead, the South Carolina Family Courts issue Orders of Separate Maintenance and Support, which provide specific details regarding parties' child custody, visitation, and support arrangements, as well as maintaining marital assets and paying marital debts, until ...

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

one year

South Carolina requires couples to live separately for one year before divorcing in order to obtain a no-fault divorce. If you and your spouse break that separation period, a judge may have grounds to deny your divorce.

Can I get a divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.Apr 26, 2018

Can you date while separated in SC?

Can I Date While I Am Separated in South Carolina? There is no law that specifically states that you may not date another person while you are separated.

How much is a uncontested divorce in SC?

17. What is the filing fee for a divorce? The filing fee for a divorce is $150. If the parties need a temporary hearing, there is an additional $25 filing fee.Dec 13, 2017

Are texts enough to prove adultery?

Yes, text messaging is now part of the modern world, but it can easily be used against you to prove that you were committing adultery, or that you have anger issues. Since these text messages can be interpreted in many different ways, it is best to keep texting down to a minimum during this time.May 20, 2018

Can you evict your spouse in South Carolina?

Contrary to popular belief, eviction in the context of a divorce isn't like landlord/tenant eviction. Even if your name is the only one on the mortgage or lease, you cannot evict your spouse or make them leave the marital home simply because you want to or because the home “belongs” to you.Mar 3, 2020

What is a legal separation in SC?

In South Carolina, a couple is either married or not married. Separation in South Carolina simply means that you and your spouse no longer live together. There is no legal status between being married and divorced, although there may be court orders put in place during the time of separation.Jul 5, 2017

What are the grounds 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. Divorces are granted in specific courts, designated as Family Courts.

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.

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 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.

What to do if you cannot agree on a divorce?

If you cannot agree, you are likely to need the assistance of an attorney to protect your interests. Decide if a pro se divorce is appropriate for your situation. While some situations are easily handled on a pro se basis, others are far too complex to be handled pro se.

Where to file divorce petition?

File the necessary forms with the clerk’s office. This is the first step to formally placing your divorce petition on file with the court. The clerk’s office will require you to file a certain number of copies of the documents, along with the original documents.

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.

Do you have children together?

You have no children together, or you and your spouse agree on all matters relating to the child (ren), including custody, visitation, and child support. You and your spouse don't have a lot of money, marital property, or shared debt to divide. Neither of you own significant stocks, bonds, or other investments.

How long do you have to wait to get divorced?

Many states have waiting periods before your divorce can be granted. This waiting period may be as little as 60 days or as long as six months. If you and your spouse have minor children together, your state laws or local court rules may require you both to attend a parenting class for divorced or separated parents.

What is a provisional hearing?

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.