South Carolina Divorce Laws-Frequently Asked Questions |
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| 1. What are the residency restrictions for divorce in South Carolina?
According to South Carolina divorce laws, there exist two conditions regarding residency:
o In case of one spouse, the residency period is at least 1 year.
o In case of both the spouses, the residency period is 3 months. |
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2. Is South Carolina a no-fault divorce state?
South Carolina has both fault and no-fault divorce grounds. There is only one no-fault divorce ground which is separation without cohabitation, while fault based grounds is, adultery, habitual drunkenness, cruelty and desertion for 1 year. |
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| 3. How long shall we reside separate to get South Carolina divorce?
According to South Carolina divorce laws, to get South Carolina divorce, both husband and wife are obliged to live separate and distant from each other without any cohabitation for at least 1 year. |
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| 4. Where should I file a divorce?
The petition for divorce must be filed in the region where plaintiff and defendant reside or in the county where one of them is living. |
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| 5. How long will it take me to be divorced in South Carolina?
Under no-fault divorce grounds, it takes about three months or more after filing a petition in South Carolina to get divorced. |
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| 6. What is alimony?
Alimony or spousal support is the amount paid by a spouse to help the other spouse in meeting the financial needs. The amount of alimony and the period to which it should be paid is decided by the divorce court according to the spouse's income. |
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| 7. Is South Carolina an equitable distribution state?
Yes, South Carolina is an equitable distribution state which means that the assets and liabilities are divided in equal proportion among the spouses. |
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| 8. How can I get child custody?
To get the custody of your child, you should be sincere and have good attitude towards your child. The court considers the child's interest in declaring the child custody. In South Carolina divorce laws, the court declares either sole or joint custody. |
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9. What is meant by sole and joint custody?
Sole custody is one in which one spouse gets the child custody while the other one only gets the visitation rights. In case of joint custody, both the spouses have the right to make decisions for their child's future. |
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10. What is child support?
Child support is one in which the non-custodial spouse is responsible to pay a specified amount to the custodial spouse for expanses incurred on child. South Carolina divorce laws have no fixed percentage of child support. It varies according to the gross income of the non-custodial spouse. |
