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In South Carolina, either spouse can file for divorce if they have been a resident of the state for at least one year before filing. Additionally, if both spouses are residents of South Carolina, there is no minimum residency requirement.
Either spouse can file for divorce in South Carolina. Use Divorce Bob for a fully online and hassle-free DIY divorce process. After filling in our online form you can expect to receive all of the required divorce paperwork for your state court to your address within 48 hours ready to sign.
Yes, South Carolina requires a separation period of one year before a couple can file for a no-fault divorce. However, fault-based grounds for divorce, such as adultery or physical cruelty, may be granted without a separation period.
South Carolina is not a community property state, but rather an equitable distribution state. This means that marital property is divided fairly and justly, but not necessarily equally, between spouses during a divorce.
Factors that are considered when dividing marital property in South Carolina include each spouse's financial contribution to the marriage, length of the marriage, and earning potential, among others. Separate property, or property that was acquired before the marriage or received as a gift or inheritance, typically remains with that spouse.
The cost of divorce in South Carolina varies depending on several factors, including the complexity of the case, the length of the process, and whether or not the parties can agree on all issues. Some of the expenses involved in a divorce in South Carolina may include:
- Filing fees: The filing fee for divorce in South Carolina is $150.
- Attorney fees: The cost of hiring a divorce attorney in South Carolina can range from $150 to $500 per hour. The total cost may depend on the complexity of the case and the experience of the attorney.
- Mediation fees: If the parties are unable to agree on all issues, they may have to go through mediation to try to reach a resolution. The cost of mediation in South Carolina may range from $100 to $300 per hour.
- Court costs: There may be additional court costs for things like filing motions, scheduling hearings, and serving documents. These costs may vary depending on the county where the case is filed.
Overall, the total cost of divorce in South Carolina may range from a few thousand dollars to over $10,000, depending on the circumstances of the case.
In South Carolina, the minimum waiting period for a divorce is 90 days after the date the divorce petition is filed. However, the actual time frame for a divorce to be finalized can vary depending on factors such as the complexity of the case, the level of cooperation between the spouses, and the court's schedule. It can take several months to more than a year to complete the entire divorce process in South Carolina.
Child custody in South Carolina is decided based on the best interests of the child. The court will consider several factors when making a custody determination, including:
1. The child's relationship with each parent and any other significant persons such as siblings, grandparents, or other relatives.
2. Each parent's ability to provide for the child's physical, emotional, and educational needs.
3. Each parent's history of substance abuse, criminal activity, or any other factors that may affect their ability to care for the child.
4. The child's age, health, and any special needs.
5. Each parent's willingness to encourage and support the relationship between the child and the other parent.
6. The child's preference if they are of a sufficient age and maturity to express a preference.
In South Carolina, the court will typically award either sole custody to one parent or joint custody to both parents. Sole custody means that one parent has primary physical and legal custody of the child, while joint custody means that both parents share physical and legal custody of the child.