Most couples who have failed to solve their marital issues usually opt for divorce as the way out. The divorce process is usually not the same in different states because of the varying divorce laws. One of the preparations for filing for a divorce is learning about the laws in the state that you live. You will realize that the process of filing for divorce is usually more challenging and stressful in South Carolina than the other states. Therefore, you should ensure that you are perfectly aware of the legal guidelines if you live in South Carolina. If you do so, you will share your assets and finances fairly. Most importantly, you will get to share the custody of your children with your partner. This article is thus a guide on how to file for divorce in South Carolina.
South Carolina is known to be among the last states to permit divorce. Despite the fact that divorce is permitted, you should note that the process remains to be sophisticated and difficult. For you to start the process of divorce, you will meet the requirements that are set by the state. One of the requirements is that you must have lived in the state for more than one year. If not, your partner should have resided in the state for more than one year.
Next, if you want to file for the divorce you should have a solid basis. The two bases are fault and no-fault. No-fault divorce is a situation where the couple have lived separately for more than one year without cohabitation. A divorce case is regarded as a fault if it is triggered by issues such as adultery, drunkenness, and violence.
Once you establish the ground for filing for a divorce, you should get acquitted with the steps that are involved. The stressful nature of the divorce process is usually attributed by the many steps to be followed. The first thing to do is usually documenting the divorce. The documentation process usually involves getting several forms such as family court cover sheet, certificate of exemption, and financial declaration. Furthermore, you will also have to file a complaint about the divorce.
Thereafter, your spouse will be served by the court with a legal notice. Some of the common avenues that will be used to serve your partner with the legal notice include mail, sheriff’s office, and private server. A court date will then be set. If you want to stand a better chance of going through the process smoothly, you should hire a highly trained and experienced family lawyer in South Carolina. In conclusion, if you want to be sure of a successful divorce process, you should take note of these points.