South Carolina has following divorce laws:
Residency
According to South Carolina divorce laws, you should meet the South Carolina residency requirements before filing for divorce. This is typically applicable to those who are planning to move in the near future. The divorce is filed within the county in which the filing spouse resides.
Documents Required for Filing Divorce
The essential documents needed to file a case for a divorce according to South Carolina divorce laws are:
- Complaint for Divorce
- Decree of Divorce
Property Distribution
South Carolina is also an "equitable distribution" state. The clients are advised to reach a settlement; otherwise the divorce court divides the assets accordingly. That is the property and debt issues are determined between the parties by a signed Marital Settlement Agreement or the court orders and decrees the distribution.
Change of Name or Restoration of Name
The South Carolina divorce court, after final announcement of divorce, may allow the spouses to resume a former surname or the surname of a former spouse.
Mediation Counseling
In referring all cases, the South Carolina divorce court sees whether the parties lie under the jurisdiction of the court or not. Then the court makes the best effort to bring about a settlement between the parties by mediation and counseling.
Alimony
Under South Carolina divorce laws, the alimony award is influenced by how the
marital property is distributed, and thus is an important part of the final decision of any divorce. Both the parties are allowed to reach to an agreement on this issue, otherwise the divorce court orders support.
Child Custody
According to South Carolina divorce laws, while awarding child custody, the court must consider the child’s preference. The preference should be based upon the child’s:
- Age
- Experience
- Maturity
- Judgment
- Ability to express a preference
The court should also consider the proof of any familial aggression, the present situation and nature of the divorce, and the religion of both parents.
Child Support
Under South Carolina divorce laws, child support guidelines are based on the Income Shares Model for calculating child support. Both parents can have joint responsibility for child support. The divorce court will require income withholding for the guarantee of child support payments.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information of your state.
