How to Get a Divorce in South Carolina
- 1). Determine the grounds for the divorce. In South Carolina, there are only five grounds under which a divorce will be granted. Under the category of "Fault," a divorce may be granted in circumstances of adultery, alcohol or drug addiction, physical abuse or abandonment of a spouse for a period of one year. In a "No Fault" situation, a divorce may be granted if the parties have been separated for at least one year.
- 2). Meet the residency requirement. Both spouses must reside in the state of South Carolina for at least three months, or one spouse must have been a resident for one year.
- 3). File a "Complaint for Divorce" form. This form may be filed in different counties, depending on certain circumstances. If you and your spouse reside in South Carolina, you should file the form in the county in which you last lived together. If your spouse lives outside of South Carolina, you can file the form in the county in which you live. Otherwise, you may file the form in the county in which your spouse lives.
- 4). Decide how to divide the marital property. Ultimately the judge will approve the division of property based on how fair the division is to each spouse. Marital misconduct is taken into account, especially in the case of adultery or physical abuse.
- 5). Agree to child custody and child visitation if there are minor children involved. The judge will ultimately decide custody based upon the best interests of the court, but it is helpful to work this out beforehand. The court will also determine child support, based upon a multitude of variables.
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