Divorce is still a legal process that can get very complicated and long. With laws differing from state to state, dealing with divorce in Rock Hill SC will be different from, say in Texas. You will have a lawyer to assist you in the process, provide the information, and help that you need. Your family and friends can also be a support; however, it would not hurt to have at least one more source to help ease the confusion. The courts in South Carolina vary but there are a few basics you should probably be aware about as you navigate the courts. If you are in the process of or simply thinking about separating from your spouse, here are a few things you need to know about separating in SC.
Legal Grounds for Divorce
To begin the whole process you should be aware of under what grounds you should be granted divorce. What qualifies as a legal ground for divorce is one of those areas of the law that differs from state to state. They are the following:
Adultery
Physical Cruelty
Habitual Drunkenness/Drug Abuse
Desertion
The SC courts also accept “no-Fault” divorce, which requires living apart for a year without cohabitation. To file, you must be able to prove one of these with legally sufficient evidence and have it hold.
Residential Requirements
Another need to know tip is what role the residency of the two parties to separating play in filing. To be able to file, one party has to have resided in South Carolina for at least a year if one of the parties does not live in the same state. However, if both parties reside in South Carolina, both must have lived there for at least three months.
Timeline of Separation
An exact timeline cannot be set on how long a divorce will take as it differs from case to case. It can depend on what time of grounds the divorce is on or if it is a “no-fault” divorce. Each separate part of the process can take longer or be shorter; as a result, it can from a few months to maybe a year.
Division of Assets
The family court of South Carolina has the power to divide equally the marital property of the parties. This part of the separation can also depending on a variety of factors. A few of these factors include but are not limited to:
Child custody arrangements
Financial situation of each spouse
Duration of marriage
Each parties’ contributions to the marriage
Tax aspects
There is still no previously set rule to dictate how it all works out. It will ultimately be up to the discretion of the courts.
These tips on what to know about separating in SC can be quite helpful in answering some of the questions you may have as you begin this process. However, unbelievably, it will most likely not answer all the questions or concerns that may arise throughout the process that is separating. The legal grounds for divorce, the residential requirements, the overall timeline, and how the division of assets works are only a few of the important aspects you need to know about separating. If you do have any more questions, you should contact your lawyer and avoid any future confusion when dealing with separating or divorce Rock Hill SC.
