SC Divorce Law Overview—What You Need to Know

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fort mill divorce lawyer If you’re considering filing for divorce in South Carolina, there are a few things to consider. In order to have a better idea of how the divorce process will unfold, the following is an overview of what to expect when filing for divorce in South Carolina.

The Grounds for Divorce in South Carolina

In South Carolina, an individual can file for divorce on five different grounds. Four of these are fault grounds in which one spouse is blamed for the marriage’s degeneration. These at-fault grounds for divorce include:

  • Adultery
  • Physical abuse
  • A drug or alcohol addiction
  • Desertion

If none of these apply to your marriage and you’d like to file for divorce under a no-fault ground, you must live separately from your spouse for one year before filing for divorce in South Carolina.

Agreeing to the Terms of the Divorce

It’s important to know that even if you file for divorce on fault grounds, you and your spouse must still agree to the terms of the divorce. If you cannot agree, your case will move to court where a judge will decide what’s best.

Some items that you and your spouse will need to agree on include how to divide property and debts, whether one spouse should support the other, who gets custody of the children, and if full custody is awarded to one parent, how much child support that parent will receive.

Even if it’s a difficult process, attempting to agree to these terms outside of court is usually in the best interest of the separating couple.

Once a Decision Is Reached

Whether you and your spouse have agreed to the terms or a judge has agreed for you, your divorce will be granted and will typically be official within a few months. The length of the process will depend on whether or not you’re filing on fault grounds, how long it takes you and your spouse to agree, and whether or not the case needs to proceed to court.

Working with the Right Attorney

The right attorney can help your divorce go more smoothly in South Carolina. An attorney functions as both an advocate and an ally during this difficult time. These legal professionals will support your best interests and help you make the right decisions during the legal process.

When you’re considering filing for divorce in South Carolina, getting in touch with an experienced attorney can help you feel supported and informed throughout this challenging time.

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