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Uncontested Divorce in South Carolina
Requirements for an Uncontested Divorce in South Carolina
South Carolina allows for uncontested divorces when both spouses agree on all major issues. This is typically filed as a no-fault divorce on the grounds of irreconcilable differences.
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Residency:
To file for divorce in South Carolina, you must meet one of the following criteria:-
Both spouses are residents: Both must have lived in South Carolina for at least 3 months before filing.
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One spouse is a resident: The filing spouse must have lived in South Carolina for at least 1 year before filing.
Proof of residency may include a South Carolina driver’s license, voter registration card, lease or mortgage documents, state tax records, or utility bills.
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Grounds for Divorce
South Carolina recognizes both fault-based and no-fault grounds for divorce:-
No-fault ground: Living separate and apart without cohabitation for at least one year.
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Fault-based grounds: Adultery, desertion for one year, physical cruelty, or habitual drunkenness/drug use.
For an uncontested divorce, both parties must agree on all issues, including property division, spousal support, and child custody/support if applicable.
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Mutual Agreement:
Both spouses must reach a written agreement on all terms, including:
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Division of marital property and debts
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Spousal support (alimony), if any
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Child custody, visitation, and child support (if applicable)
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Steps to File for an Uncontested Divorce:
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Complete Required Forms:
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Complaint for Divorce (Form SCCA 400.02 SRL-DIV)
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Summons for Divorce (Form SCCA 400.01 SRL-DIV)
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Financial Declaration (Form SCCA 430)
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Certificate of Exemption (Form SCRFCFORM02)
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Family Court Coversheet (Form SCCA 467)
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Parenting Plan (if children are involved)
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Child Support Guidelines Worksheet (if children are involved)
2. File Forms with the Court:
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Submit the completed forms to the Clerk of Family Court in the county where you or your spouse resides.
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The filing fee is approximately $150.
3. Serve the Divorce Papers
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Ensure your spouse receives the divorce papers through personal service or by mail.
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File proof of service with the court.
4.Attend Final Hearing:
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A hearing is typically required, but in certain uncontested cases, the court may grant a divorce without a hearing.
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The court will review the agreement and, if all requirements are met, issue a Final Judgment of Divorce.
Cost Considerations
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Filing Fee: Approximately $150
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Attorney Flat Fee: varies by attorney.
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Online Divorce Services: Fees vary; ensure they are reputable and comply with South Carolina laws.
Important Considerations
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With Children:
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A Parenting Plan and Child Support Guidelines Worksheet are required.
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The agreement must address custody, visitation, and child support
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Property Division:
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South Carolina follows equitable distribution, meaning assets and debts are divided fairly but not necessarily equally
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Alimony:
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Alimony may be awarded based on factors such as length of marriage, financial need, and ability to pay.
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Legal Review Recommended:
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Especially if there are children, real estate, or retirement accounts involved.
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