how to get a divorce in south carolina without a lawyer

• Preparing Your Forms. To begin the process, you’ll need to fill out several divorce forms. The South Carolina Judicial Branch website publishes numerous divorce forms.
• Filing Your Forms. The next step is to file the papers with the Clerk of Court, Family Court Division. ...
• Serving Your Forms. After filing your forms with the appropriate Clerk of Court, you will need to “serve” (deliver) a copy of the Family Court Cover Sheet, Certificate of Exemption, ...
• Court Hearing and Final Divorce. After you've served your spouse, count ahead 35 days on the calendar (do not count the day your spouse was served) and mark the date.
• Additional Resources. To learn more about getting divorced in South Carolina, and all the related issues you may encounter, see our page on South Carolina Divorce & Family Laws.

Full Answer

How to get a quick divorce 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.

How do you file for a divorce in SC?

 · If you choose to handle your own divorce in South Carolina, then the following ten tips are critical before you divorce without a lawyer: 1) Leave Your Emotions Outside the Courthouse – As Abraham Lincoln said, “he who represents himself has a fool for a client.”

What are the rules for divorce in SC?

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 to look for in a good divorce lawyer?

 · You can file for divorce in South Carolina without using a lawyer. The vast majority of cases without a lawyer involve uncontested divorces where spouses agree on all terms of the divorce and produce a final settlement agreement as a means of cutting down on legal expenses.

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.

How much does a 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

What is the fastest way to get a divorce in South Carolina?

The fastest way to get a divorce in South Carolina is to file for divorce based on fault grounds (adultery, physical cruelty, habitual drunkenness, or abandonment) in a situation where your spouse consents, does not contest the grounds for divorce, and there are no other contested issues.

How can I get a divorce for free?

Legal Aid Divorce Help Call your city or state bar association to ask for contact information or do an internet search to find them. These organizations provide no-cost (and also low-cost) legal assistance. If you are indigent, they may represent you at no cost and will file all fee waiver papers on your behalf.

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.

How can I get quick divorce?

Divorce by mutual consent is considered to be the quickest and the easy way to get a divorce in India, under Section 13 B of the Hindu Marriage Act, 1955. The process under mutual consent divorce is considered to be inexpensive and non-tortuous.

How fast can you get divorced in South Carolina?

Divorces in South Carolina Family Court can take anywhere from 90 days to well over a year or longer. How long it will take for you to get divorced in a South Carolina Family Court will be controlled by five specific factors: The preparation and procedure for filing for a divorce.

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.

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 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 ...

Can you be separated and live in the same house in SC?

Separation Basics. A separation period begins when you and your spouse consciously choose to live apart. To separate, you and your spouse must live in separate residences. It's almost impossible to prove that you are separated if you and your spouse simply live in different rooms in the same house.

What is a complaint for divorce?

A Complaint for Divorce – A Complaint for Divorce notifies the court and your spouse that you want a divorce, the grounds (reasons) for the divorce, and other relief you are seeking such as alimony, child support, and custody.

What is the service of process 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:

How to send paperwork to spouse?

By sending the paperwork to your spouse by certified mail, return receipt requested ( your spouse has to sign for the mail they received).

Should I represent myself in family court?

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. Although family law isn’t rocket science, it’s far more complicated than just filling out some forms and showing up to court. If you decide to handle your own divorce, I sincerely wish you success. But, if you are having second thoughts about whether going “pro se” is a good idea, then please contact us to spend time going over your case. We won’t try to talk you out of representing yourself – that’s your business. What we’ll do is answer all the questions you may have and give you solid advice on how your case should be handled.

Do you need copies of all court forms in South Carolina?

Make copies of all of these forms. The clerk of court will keep one set of copies, you’ll need copies for your records, and you will need copies to serve on your spouse. You can find examples of all of these forms on South Carolina’s Judicial Branch website.

Can I get divorced without a lawyer in South Carolina?

Pro se is a Latin term that means “in person” or “on one’s own behalf.” Filing for a divorce in South Carolina is not an easy process, so our family law attorneys wrote this article to explain the process of getting a divorce without hiring a lawyer. Before we explain the process, I don’t recommend that anyone represent themselves in their divorce without a lawyer if:

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.

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 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 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.

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.

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 long do you have to live in South Carolina to be a resident?

If one of the parties is out of state, and the other party lives in South Carolina, the South Carolina resident must have lived in South Carolina for at least one year.

How long does it take to get a divorce decree in South Carolina?

We will even provide you with detailed information about how to file in your county. In South Carolina, you can get a final divorce decree 90 days after filing the forms. Start Now.

Is divorce easy?

The divorce process can be genuinely easy if the spouses do not contest the case and have already agreed on the most disputed terms of their separation. In such a case, the only matter left is paperwork.

Does South Carolina accept divorce papers?

Thus, we guarantee that the divorce forms we provide are 100% authorized for use by the South Carolina Judicial Branch, and any Circuit Court or Family Court will accept the documents with no issues or delays.

What is an uncontested divorce in South Carolina?

An uncontested divorce in South Carolina is one where both parties agree on the basics of divorce. This means they can reach a consensus on: Division of property. Custody. Visitation. Alimony. Child support. Usually, uncontested divorce happens after a couple has been separated for at least a year.

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

To file for an uncontested divorce, either you or your spouse must have been a resident of the state for at least one year. The residency requirement is a bit different if both spouses live in South Carolina. You must have both lived in the state for a minimum of three months.

How long does it take for an uncontested divorce to happen?

Usually, uncontested divorce happens after a couple has been separated for at least a year. 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.

How long do you have to live apart in South Carolina?

In South Carolina, you and your spouse will need to have lived apart for at least a year before you can file for an uncontested divorce. This requirement means that you must live in entirely separate households, not even spending a single night under the same roof during the one-year separation period.

How long do you have to be apart to file for a no fault divorce?

For a no-fault divorce, you and your spouse will need to be living apart for at least one year to file. Author. Lauren Taylor.

How long does it take to get divorced?

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.

What happens if you get divorced uncontested?

If you’re going through an uncontested divorce, you probably have a lot on your mind, as well as many questions. You might be feeling frustrated, angry or worried about the future.

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.

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).)

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 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))

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.