South Carolina Divorce Law    Residency Requirements for Divorce in South Carolina
Residency Requirements for Divorce in South Carolina
The spouse filing for divorce must have been a resident of South Carolina for at least 1 year, unless both spouses are residents, in which case the spouse filing must only have been a resident for 3 months. There is a required 90-day delay from the time of filing to the time of the final decree of divorce. The divorce may be filed for in:

1. the county where the defendant resides
2. the county where the plaintiff resides if the defendant does not live in South Carolina or cannot be found (or)
3. the county where the spouses last lived together if both still live in South Carolina

Legal Grounds for Divorce in South Carolina

1. No Fault Divorce: Living separate and apart without cohabitation for 1 year.
2. General Divorce:
1. Adultery
2. alcoholism and/or drug addiction
3. physical cruelty
4. willful desertion for 1 year
 

Legal Separation in South Carolina
South Carolina authorizes legal separation (separate maintenance).

Simplified/Special Divorce Procedures in South Carolina
The court is authorized to develop and make available sample or mandatory forms for use in divorce matters. These may be available locally from the clerk of the court.

Divorce Mediation in South Carolina
The court may refer the spouses to a referee, who must make an honest effort to bring about a reconciliation between the spouses. In such cases, no divorce may be granted unless certified by the judge or the referee that the reconciliation efforts were unsuccessful. No final decree will be granted until 3 months after the initial filing of the complaint.

Divorce Property Distribution
South Carolina is an "equitable distribution" state. Each spouse is entitled to keep his or her non-marital property, consisting of property:

1. which was acquired prior to the marriage
2. acquired by gift or inheritance
3. acquired in exchange for non-marital property
4. was acquired due to an increase in the value of any non-marital property

All other property acquired during the marriage is subject to division, based on a consideration of the following factors:

1. the duration of the marriage
2. the age of the spouses
3. any marital misconduct
4. any economic misconduct
5. the value of the marital property
6. the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
7. the income of each spouse
8. the earning potential of each spouse and the opportunity for the future acquisition of capital assets
9. the physical and emotional health of each spouse
10. the needs of each spouse for additional training or education in order to achieve his or her earning potential
11. the non-marital property of each spouse
12. any retirement benefits
13. whether alimony has been awarded
14. the desirability of awarding the family home to the spouse having custody of any children
15. the tax consequences
16. any other support obligations of either spouse
17. any marital debts of the spouses
18. any child custody arrangements
19. any other relevant factors

Alimony and Spousal Support
Either spouse may be awarded alimony. The factors for consideration are:

1. the duration of the marriage and the ages of the spouses when married and when divorced
2. the physical and emotional conditions of the spouses
3. the educational background of each spouse and the need of additional training or education to reach the spouse's income potential
4. the employment history and earning capacity of each spouse
5. the standard of living during the marriage
6. the current and expected earnings of each spouse
7. the marital and separate property of each spouse
8. the custody of any children and its effect on the ability of the custodial spouse to work full-time
9. any marital misconduct
10. any tax consequences
11. any prior support obligations
12. the current and expected expenses and needs of both spouses
13. any other relevant factors

The court may require the posting of bond as security for the payment of alimony and may require a spouse to carry life insurance and name the other spouse as beneficiary.

Spouse's Name After Divorce
Upon request, the court may allow a spouse to resume the use of his or her former name.

Child Custody After Divorce
In awarding child custody, the factors for consideration are as follows:

1. the circumstances of the spouses
2. the nature of the case
3. the religious faith of the parents and child
4. the welfare of the child
5. the best spiritual and other interests of the child

The parents both have equal rights regarding any award of custody of children.

Child Support After Divorce
Both parents have joint responsibility for child support. The court may require income withholding for the guarantee of child support payments. There are official child support guidelines which are presumed to be correct unless 1 of the following factors requires a deviation from the amount:

1. educational expenses for the child or a spouse
2. the equitable distribution of property
3. any consumer debts
4. if the family has more than 6 children
5. unreimbursed extraordinary medical or dental expenses of either parent
6. mandatory retirement deductions of either parent
7. support obligations for other dependents
8. unreimbursed extraordinary medical or dental expenses of the child
9. other court-ordered payments
10. any available income of the child
11. a substantial disparity in the income of the parents which makes it impractical for the non-custodial parent to pay the guideline amount
12. the effect of alimony on the circumstances
13. any agreements between the spouses, if in the best interests of the child

Continue to South Dakota Divorce Laws
 
Resource Article:
 
 

Online Porn:

 

Unfortunately, due to its easy accessibility, many married men are found engaging in online porn. They visit these sites regularly and when their wives find out they are often devastated by it. The wives feel utterly betrayed, threatened and as though they have not been good enough and are not attractive to their husbands.

They feel humiliated. Sometimes they discover the online porn because their husbands sexual desire for them has decreased and their lovemaking is much less frequent.

 

Online porn can become and often is an addiction. It can be much harder to break than one first realizes.. This kind of addiction does not necessarily arise because the husband feels that his wife is undesirable, but because it is so much easier to relate in a fantasy mode than with a real flesh and blood person. In fantasy, one does not have to meet the needs of the other, they do not have to prove themselves in anyway.

 

These fantasy situations can also provide all kinds of highs and excitement that a real flesh and blood relationship is not able to offer anymore. For some men, after being addicted to online porn it is boring or difficult to have that much sexual interest in their wives any longer. This can become a serious problem which requires professional help.

 

In these cases, it is necessary to let your husband know that this behavior is unacceptable, that it is unhealthy, bad for your self respect and sense of self esteem. Boundaries have to be firmly set here. Many men minimize their involvement with online porn, and do not realize the consequences this activity is having and what a threat it is to their marriage. 

 

Awareness must be brought to this situation. Even though the man minimizes it, the woman must hold onto her own reality and need for respect. She must not deny the way you she is feeling, but see to it that professional help is sought if he cannot stop by himself.

 

It is always better to do this sooner than later. The longer an addiction grows the harder it can be to let go of. It is important to recognize these threats to your marriage for what they are, not blame yourself for them or brush them under the table, but to face the issues directly in a constructive and hopeful way. Let your partner know that together you can find a solution that works for both of you.

 

Divorce Terms:
Palimony. Payments similar to alimony made to a former co-habitator.

Parens patrieae. The right of the state to take charge of the care and custody of minor children or other legal incompetents when their health or safety so requires.

Parental Kidnapping. The act of one parent illegally taking a child in violation of court order.

The federal Parental Kidnapping Prevention Act requires states to cooperate with each other in returning children kidnapped by a parent. The United States, along with approximately 35 other countries, are signatories to the Hague Convention on the Civil Aspects of International Child Abduction. This treaty is similar to the federal law except it is limited to signatory countries.

Pendente Lite. Latin for during the litigation. See Counsel Fees Pendente Lite, Motion for

Disclaimer:
This website is not intended to give legal advice or service.
It is an informational website and should only be used as such.
For legal issues seek a competent legal counsel or advisor. A man that represents himself has a fool for a client.



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