in the state of south Carolina can i file for separation myself???

Question

it has been a year, what all would i be able to do. or can i even file for divorce

Answer 1

http://www.scdivorcelaw.com/sc_family_court.html
South Carolina Family Court Profile
by Melissa F. Brown

While every family is unique, with its own special areas of agreement and dispute, the processes involved in the resolution of family matters are often subdivided into identifiable categories within the Family Courts of South Carolina. This summary will examine the main stages of traditional Family Court cases. It is not intended to deal with every situation that may arise in matrimonial disputes, but rather, it is intended to give a general overview of the significant events that are often anticipated in a Family Court case. It will also discuss the manner in which this office approaches this sensitive area of negotiation and litigation.

When meeting with a potential client, an early question I pose is whether the client believes a possibility of reconciliation exists. Before I will initiate a suit, I seriously discuss and consider this question with the potential client. Only those clients who believe with a degree of certainty that their marital relationship will end should proceed in a divorce action. Divorce cases are devastating to the family, emotionally draining to all of the family members, and financially and emotionally expensive.

As a professional, I see a divorce as a matter of last resort. I often find clients are shocked by the many issues that are part of a divorce such as child custody, visitation, decision making rights, relocation, child support, alimony, property and debt division, tax matters, attorney fees, etc. My goal, therefore, is to examine whether other steps should be taken which might heal the relationship before an attempt to dissolve the marriage is initiated.

South Carolina has four fault grounds of divorce: adultery, physical cruelty, and habitual drunkenness or addiction to narcotic drugs. The fifth ground is considered no-fault and requires separation for a period of one year. In order to secure a divorce, the party who files must prove at least one of these grounds with legal evidence (for example: testimony, photographs, letters, hospital or physician records, reports from private investigators, etc.).

Unlike many states, there is not a provision in our laws for a “legal separation” in South Carolina. A couple is either married or not married. There is no other legal relationship. However, there is a step, which may be taken in the court-- “An action for separate maintenance and support,” which resembles a legal separation. Generally, the same procedures outlined below will occur in a separate maintenance and support action. While, there are no clearly established grounds or reasons for a separate maintenance, one must generally show some cause why the marriage should be dissolved.

If circumstances are such that it is necessary to file suit, family law related matters are heard and determined in the Family Court of the State of South Carolina. Under the umbrella of “family law related matters” are divorce, actions for separate maintenance and support, child custody determination and modification, paternity identification, and actions related to alimony and support. We have Family Courts in each of our state’s 46 counties, and those counties are grouped together in Judicial Circuits.

In some states, a judge might hear many types of cases such as murders and contract disputes in addition to family law matters. In our State, we have the benefit of Family Court Judges who only perform Family Court work. This focus on matrimonial and domestic relations matters means that our judiciary is educated and experienced in the laws and the equities related to family matters, and they hear Family Court cases by choice rather than imposition.

The case must be initiated by a Summons and a Complaint. The Summons is the document that gives the other spouse notice that he or she will have 30 days to respond (by filing a document in the Court) to the allegations made in the document called a Complaint. The Complaint sets forth the factual and legal basis for seeking a divorce. I usually ask my clients to verify these claims under oath. A spouse’s responsive document is called an Answer or Answer and Counterclaim.

The Summons and Complaint, once approved by my client, are then filed in the Clerk of Courts Office in the County where the action takes place. The Court requires a $100.00 filing fee plus an additional $25.00 fee to file a motion. Upon filing, a Docket Number is assigned to that case; this number must be written on all pleadings and motions filed in the Court thereafter.

Next in the process is serving the other spouse with the Summons and Complaint. One spouse cannot simply hand a copy of the Summons and Complaint to the other spouse. Instead, these documents must be delivered by an independent third person. A private process server or a sheriff typically completes the act of Service on the other party.

Once a spouse is served, he or she has 30 days in which to respond to this complaint. This response is called an Answer or Answer and Counterclaim. The filing of an Answer and Counterclaim means that the opposing party is also asking for relief from the Family Court. The Counterclaim sets forth the opposing party’s version of the facts and law to defend against our lawsuit and may also ask for other relief from the Court. If that is the case, my client will then have 30 days to reply to the Answer and Counterclaim in a document called a Reply. This Reply sets forth my client’s factual and legal arguments as they apply to the Answer and Counterclaim.

The facts in a divorce document (Complaint, Answer, Reply and the like) must be as accurate as possible. Occasionally facts in a pleading will state “upon information and belief” which simply means that those facts were discovered from another source, but are believed to be true. If purposefully incorrect or untruthful statements are included in a pleading, the court will not look favorably upon the party who is making misrepresentations. Serious cases could result in perjury charges.

Once a divorce Complaint is filed with the Clerk of the Family Court, no final divorce can be granted in less than a period of three months. The exception to this general period is when a divorce is filed after the parties have been separated for more than one year and have reached an agreement. Then, the parties do not have to wait three months after filing to obtain a divorce.

In addition to the Summons, Complaint, Answer and Counterclaim and Reply, we may file other Motions such as:


Motion to Dismiss: A Motion to Dismiss is generally addressed to a Complaint, Answer, Counterclaim or Reply. It challenges the legal sufficiency of those pleadings. In other words, even if the facts set forth in the particular pleadings are true, a Motion to Dismiss generally contends that the relief requested cannot be granted for one legal reason or another.


Motion to Make More Definite and Certain: When allegations are made against a client, such as physical cruelty or adultery, I may file a Motion to Make More Definite and Certain to determine with specificity which acts of misconduct a complaining spouse has. With regard to physical cruelty, I may ask for specifics as to the date, time and place of the alleged incident, and the injuries sustained. The ultimate purpose of a Motion to Make More Definite and Certain is to prepare defenses to specific acts of misconduct and to limit our opposition to specific acts of misconduct at the time of trial.


A Temporary Hearing, known as a “pendente lite” hearing, is usually held shortly after the Complaint is served. At this brief hearing, (15 to 30 minutes), the Judge may set forth the “ground rules” under which the parties and their children will operate, until a divorce is granted or a final order issued. At this time the Judge will determine how matters such as support, possession of the children, use of property andpayment of debts will be handled until a final divorce action or settlement of the case. As a general rule, clients do not participate and no verbal testimony is allowed at the temporary hearing. The Judge makes his decision based on the written documents (affidavits and Financial Declarations) filed with the Court. Many times, parties are very dissatisfied with temporary hearings. It is important for parties to remember that the temporary hearing is designed to avoid any gross prejudice to either party until a Judge can hear the entire matter. For instance, the Judge may award more support, or less support at a final hearing than at the temporary hearing. A Judge is not bound by the temporary order in making a final decision.


Motion for Discovery: In the Family Court, discovery (Depositions, Interrogatories, Production Requests, etc.) is not allowed as a matter of right. A Motion must be made to engage in discovery. Discovery is the process of gathering information from the opposing party, either directly or through a deposition. A deposition is not an affidavit or court hearing. In a deposition, attorneys will ask questions of the opposing party or witnesses under oath with a court reporter recording every word spoken. Such testimony is taken before trial so that a party can be prepared for what his or her spouse or other witnesses will say at trial. This also creates an opportunity to anticipate issues and to prepare a defense against claims. It is designed to eliminate or reduce the element of surprise or ambush. Despite the discovery techniques mentioned above, my most important source of information is my client. My instruction to my clients is to keep eyes and ears open to find or hear any information that might be helpful to the case—information related to issues of property, debt, children --- and give it to me. I need that cooperation in every respect because my actions and advice are based upon the information I receive. An adage of our practice is that “(A)n attorney is as good as the information given [to her] by the client.”

When important events occur, clients must write them down. By keeping a close record of expenses, my staff and I can analyze and seek to maintain the standard of living a client has enjoyed during marriage. In addition, drafting a chronology of all the important dates and events in a marriage is helpful to me and often cathartic for the client. One client reflected upon her divorce, stating:


“While I was still in disbelief about the unraveling of my marriage, I was able to put down dates and events and think about points where the marriage started to fall apart. I also started to process that the marriage was really not so great and I had been living in denial. I really wanted to believe things were better than they really were and that my husband was a better man than he really was. When things started to get really emotional for me, I often went back to my notes to get the dates straight in my mind. I think this is a great exercise and one that proves valuable, especially for the longer marriages.”

Between the time of the divorce or separate maintenance action begins and a final hearing takes place, I compile as much information about the parties as possible. This includes financial and personal information. While many of the items and facts uncovered may never be used in Court, it is helpful for me to know both the details and the broader issues so I can properly advise about likely Court decisions.

I like to approach the case by making the client a part of the “team.” Thus, every effort is made to keep the client abreast of his or her case by sending copies of all letters, pleadings, and documents. Clients are also encouraged to make a file to keep all of these papers, and clients with questions are expected to call, write or e-mail or make an appointment to see me.

In addition, I expect clients to copy all financial documents such as tax returns, cancelled checks, bank, credit union, brokerage or savings account and loan statements, etc. and bring the copies to my office for review. A client may wish to make notes to assist me in representation, but I will caution a client to separate these notes from any diary so the opposing attorney or spouse cannot obtain them from in the discovery process. Thus, any notes prepared for me should be marked as “Information Provided at My Attorney’s Request.”

The relationship between an attorney and her client is personal and confidential. With some few and rare exceptions, anything stated between us is privileged. The result of this special confidentiality is that no one can require me to reveal information without your consent. As professionals, neither I, nor any member of my staff, will reveal information a client tells us, unless it is necessary to properly prepare, present or settle the case, or is otherwise required by statutes. (There are extreme situations where information must be revealed---for example, if a client tells me they are going to murder their spouse or harm their child, this information will not remain confidential because by law I must report such intentions to the appropriate authorities.)

In many instances, it is almost impossible to settle or litigate a family law case without expert assistance. If a case warrants the engagement of an expert, I will generally advise the client to do so. Any fees or costs involving experts are strictly between the client and the expert. My firm does not participate in settling or collecting fees for experts. Also, a client must know that information told to experts is not privileged. Thus, nothing must be discussed with or written to the expert that a client does not want the spouse to hear because a spouse has the right to obtain this information from the opposing expert.

When financial issues are at issue, the client is advised to hire a Certified Public Accountant with expertise in settling family law cases. Accountants are generally used in the family law area to value businesses, retirements, and professional practices. They also help determine incomes and cash flows, trace property and investments, give tax advice, and assist with the financial aspects of the case. When a dispute over the value of property or personal items occurs, I generally advise a client to engage a real estate or personal property appraiser. My office has worked with and has the names of numerous respected professionals for this work, and the client and I will discuss the qualifications, fees, and range of professionals so that the choice is an educated one.

When serious issues of child custody or visitation are contested, I generally recommend an experienced clinical psychologist to evaluate the family and assist in making custody and visitation decisions. I also recommend using a clinical psychologist to work through custody and visitation problems to reduce the contested nature of those issues. Every client is reminded that the divorce is between the parents, not the children, and that the children should not be brought into any discussions other than those necessary to explain separation and periods of possession.

Where infidelity is suspected, I recommend hiring a licensed and respected private investigator to follow the spouse to document the adultery. I prefer to use a professional detective rather than have a client, or worse, a client’s friend, conducting surveillance. Surveillance is dangerous, and the proof secured may or may not be admissible, or useful in Court. Also, a bungled amateur surveillance may make it more difficult for a private investigator to secure necessary proof. Proof of adultery can be critical, as in most instances; competent evidence of adultery may support or bar alimony.

I strongly encourage a client not to discuss the case in any respect with a spouse, friend, family member or another person. It can be an unsettling surprise to appear in Court and find a sympathetic person to whom the client has “opened up” called as a witness for the other side. There is no privilege between parent and child or brother and sister. I also caution a client to be careful never to admit misconduct to anyone other than me and to never discuss the specifics of the pending lawsuit with the spouse. A client can be assured that anything told to a spouse or his/her friends will be repeated to that spouse’s attorney.

Of course, I will not discourage a client from discussing reconciliation with a spouse, but I urge clients to be wary of revealing any incriminating information to a spouse until certain that he/she is sincere about reconciling. If there are problems with the children that can be resolved between the client and their spouse, I will encourage my client to participate in the effort.

Each person going through this process should remember that being separated from a spouse is not a license to date or to engage in any behavior that the person would not do while living with the spouse. My advice is to avoid potential romantic encounters with the opposite sex, and limit social visibility while the case is pending. Although conduct may be totally innocent, a good opposing lawyer can present it otherwise. Additionally, when children are involved, the introduction of a new romantic interest into their sphere may create uncertainty, anger, resentment or fear of replacement.

Under South Carolina law, marital differences, with the exception of the actual divorce, can be resolved by written settlement agreements. Settlement is preferred over litigation, because it is generally less expensive, provides certainty and is the culmination of compromises reached between the parties. I strongly encourage clients to seek reasonable agreement with his or her spouse and to consider mediation. Fully litigating each issue is lengthy and expensive; litigation should be reserved only for those issues where there is a true disagreement with little room for compromise. As one Judge says, “You and your spouse can resolve your differences with surgical precision – but a Judge will use a meat ax.”

For an agreement to be truly valid, both parties must provide full financial disclosure, enter the agreement freely and voluntarily without duress, coercion, and/or overreaching. Then, the Agreement must be approved by a written Order of the Court after a hearing. Both parties must sign the agreement and the parties’ signatures must be witnessed.

If only one party has an attorney, that attorney cannot give the other party legal advice. Every divorce, regardless of how friendly, is inherently adversarial. Thus, one lawyer cannot represent both parties in drafting an agreement or handling the divorce. (This statement does not apply in instances when a lawyer acts as an independent mediator and assists two people in reaching a mediated agreement without representing either.)

Typically, cases take six to eighteen months to complete. The length of the case depends on many factors, many of which are not within individual control. Instead, the duration of a case depends in large part upon the number and the complexity of contested issues. The more issues, and the greater the complexity, the more extreme the demand, and the longer the case will take to complete.

In Conclusion

In South Carolina, the practice of Family Law is governed by a large body of law made up of case law, statutes, and Court Rules. The law governing domestic relations is ever changing. I stay current by subscribing to periodicals and services and by participating in continuing legal education. I demonstrate a commitment to the professionalism of the Family Law Bar by participating in continuing legal education by writing and presenting papers and attending as well as lecturing at legal studies programs.

As the former Chair of South Carolina’s Family Law Section, one of my responsibilities was to remain in close touch with lawyers across the state to keep apprised of new developments as well as new legislation affecting family law cases. I serve as Co-Vice-Chair of the American Bar Association’s Family Law Section’s Law Management Committee. I lecture frequently to South Carolina lawyers and judges as well as family law attorneys in other states, not only to teach others, but also to ensure that I understand the broad range of issues from many perspectives. I have also written a number of articles for attorneys and lay people about a variety of family law issues, including child support, health insurance, visitation and divorce. Based upon my own life experiences and experience as an attorney, I know each case is unique with its own nuances and peculiarities. In keeping up with the law and new developments, I hope to give my client appropriate advice so the client can make an educated and wise decision about the future

While my job as a professional is to facilitate marital dissolutions, I strongly respect and believe in the sanctity of marriage. Unfortunately, many marriages will not endure. Thus, once I agree to represent a client, I will zealously represent that client, and I will make the client’s need for a secure future my first priority.
South Carolina Family Lawyer

The South Carolina law firm of Melissa F. Brown, LLC is devoted to divorce and family law. The firm handles contested and uncontested divorces, including:


Complex divorces

Child custody and visitation

Equitable distribution of marital property

Child support

Alimony; and

Paternity issues

South Carolina Legal Resources
Family Law


Charleston County

Charleston County Court Information

Charleston County Bar Association

South Carolina Bar Association

South Carolina Code of Laws or here

South Carolina Judicial Links
South Carolina Child Support Enforcement Office

American Family Law Section

American Academy of Matrimonial Lawyers

Law Crawler Legal Research



Quick Links to South Carolina Statutes

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Protection from Domestic Abuse

Property Rights of Married Women

Children's Code

http://www.scdivorcelaw.com/index.html

http://www.legalzoom.com/divorce/divorce.asp?sstate=southcarolina
Divorce
A South Carolina divorce can be filed in South Carolina by either spouse to end the marital relationship. Upon completing a South Carolina divorce, the parties are restored back to single status. The court will also issue any necessary orders for child support and custody, spousal support (alimony) and the division of community and separate assets and debts. LegalZoom can assist you in the document preparation and filing for your uncontested South Carolina divorce without the expense of an attorney.
Types of Divorce in South Carolina

A divorce is uncontested, or is a default divorce, if you and your spouse can agree on major issues such as property division, alimony and child support, and if it is unlikely that your spouse will file papers in court disagreeing with the divorce request. On the other hand, a divorce is contested if you and your spouse cannot agree on enough issues to require resolution by the court.

Alternatives to Divorce in South Carolina

Legal separation involves the same procedures as divorce, but the separated spouses can’t marry others. Legal separation is an alternative for people who wish to avoid divorce for religious or other reasons. The court grants a legal separation on the ground that the marriage relationship is broken. Like a divorce, a legal separation requires property division and determination of child custody and placement. The court may order maintenance and child support payments in a divorce in South Carolina.

An annulment is sought in order to nullify the marriage and disavow its existence, returning the parties to their prior single status, as if they never married. The person seeking the annulment must prove that the prerequisites for annulments are met. The prerequisites tend to be more difficult to establish and therefore many lawyers advise clients to file for divorce.

http://www.urgentbusinessforms.com/separation_agreement.asp?OVRAW=Legal%20Separation%20South%20Carolina&OVKEY=south%20carolina%20legal%20separation&OVMTC=standard
A marital separation agreement is a legal agreement between a husband and a wife that can last through a number of years and will determine your rights, obligations, and responsibilities concerning your marriage. You and your spouse can amend the agreement at a later date if you both agree to the changes.

A marital separation agreement is not a divorce and does not legally end a marriage.

When you initially execute a marital separation agreement you normally do not have to file the separation agreement with the court to be effective. However, you should check about rules governing separation agreement filings to make sure your state laws have not changed. Marital separation agreements are recognized in all states.

~~Our marital separation agreements were last updated in February 2006 by a licensed attorney.~~

Why is it Important to Have a Written Agreement?
A marital separation agreement can be important to have for several reasons. First, it is helpful if you need to provide evidence to the court about the date that you separated. Second, a separation agreement leaves no doubt about the specifics of your marriage relationship and how you would like your property divided as well as how you wish to settle issues of child custody/support, spousal support, responsibility for debts, taxes, and other important issues.

Finally, for the protection of both parties, it is better to have a clear written agreement rather than rely on verbal agreements.

Do I Need a Lawyer to Write a Marital Separation Agreement?
No, couples may draft their own separation agreements without the assistance of a lawyer. However, in some situations it may be wise to consult an attorney or have them review your agreement when finished.

According to the Family Legal Advisor: "The law has generally maintained that if you and your spouse are actually separated, and you no longer live together as husband and wife, any agreement you make with each other that is fair, and that provides for the support of the wife, is legal and binding".

Even if you are planning on using an attorney, experts suggest at least putting together the basic framework for your separation agreement before your visit. You will be more informed, better prepared, and you could save yourself a considerable amount of money in legal fees.

Our attorney-drafted marital separation agreements are well-written, self-instructive forms that you can edit and personalize to your needs. These easy-to-use agreements cover the following topics:

Spousal support
Division of property
Health insurance
Separate property prior to marriage
Financial obligations
Pension plans / retirement accounts
Income tax issues
Custody of children if applicable
Child support payments and guidelines
Responsibility for debts
Financial assets and tax returns
Visitation & more
To make filling out your agreement easier we have included sample marital separation agreements completely filled out by our attorney. These sample agreements are identical to the ones you will be receiving and will give you a clear example of what a completed agreement looks like.

You will also receive the following additional forms with your separation agreement at no additional charge:

Temporary Guardianship Form
This temporary guardianship form is a power of attorney form to give another adult the temporary guardianship over one's minor child or children for a specific length of time.

Child Visitation Schedule
A sample parenting plan visitation schedule for your children.
This professional attorney-drafted child visitation schedule will save you time, money, and stress when scheduling which parent your children will stay with and on what days.

Property Inventory Sheets
Detailed easy-to-use inventory sheets for all personal and business property that needs to be divided up and property that was owned prior to marriage. These inventory sheets will save time and limit your chances of forgetting important items and property under normally stressful circumstances.

~~Our marital separation agreements were last updated in February 2006 by a licensed attorney. ~~


http://www.charlestonlaw.net/
Family Law - child custody cases, divorce, alimony, child support and visitation, and legal separation
We are conveniently located east of the Cooper River minutes from downtown Charleston. Our attorneys are dedicated to serving our clients' best interests and to the development of the law and legal services in the areas of Charleston, North Charleston, Mount Pleasant, Moncks Corner, Summerville, James Island, Folly Beach, Sullivan's Island, Isle of Palms, Walterboro, Georgetown, St. George, and Goose Creek, to name a few.

http://www.uslegalforms.com/sc/SC-008-D.htm
Description - South Carolina No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

This No-Fault Agreed Uncontested Divorce Package specifically designed for Persons without Children and with or without Property and/or Debts includes (1)Information about Divorce, (2) Forms List, (3) Forms Explanations, (4) Instructions and Steps, (5) Checklist, (6) Forms and (7) Access to Divorce Law Summary for your State. The forms include the required petition or complaint, waiver, separation agreement, financial reporting statements, judgment and other forms to complete your divorce.


Law Summary - South Carolina No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in the state of South Carolina, but does contain basic and other procedures.

Grounds

South Carolina law permits no-fault divorces based upon living separate and apart without cohabitation for at least one year. Additional grounds include; adultery, desertion, physical cruelty and addiction to drugs or alcohol. 3-20-3-10

Residency requirements

South Carolina law requires that one of the spouses must be a resident of the state for a minimum of one year (three (3) months if both parties are residents of South Carolina) immediately prior to the filing of the petition for divorce. 3-20-3-30

Venue

The petition for divorce must be filed in the county in which the defendant resides at the time of filing, or where the plaintiff resides if the defendant is a non-resident or cannot be found. The petition may also be filed in the county where the parties last shared a residence, unless the plaintiff is a non-resident, in which case it must be filed in the county where the Defendant resides. 3-20-3-60

Name of court and title of action/parties

An action for divorce in the State of South Carolina is filed in the Family Court. The title of the action initiating the divorce action is the Complaint for Divorce, while the title of the action granting the divorce is referred to as the Decree of Divorce. The party filing the action is the Plaintiff, while the other party to the divorce is referred to as the Defendant.

Legal separation South Carolina law permits a judgment of separation. 3-20-3-140

Waiting period

Unless the plaintiff is seeking a divorce based upon living separate and apart without cohabitation for one year, there is a three (3) month waiting period from the filing of the petition before the court will grant a judgment of dissolution of marriage.3-20-3-80

Alimony

The courts may award alimony to either spouse. Alimony may be periodic, lump sum, rehabilitative or reimbursement type. Adultery is considered by the court when making a determination as to whether alimony should be granted. Factors the court considers in determining the amount and term of alimony include:

1. The duration of the marriage and the age of the parties.

2. The physical and emotional condition of the parties.

3. The educational background of the parties along with the need of each for additional training or education.

4. The employment history and earning potential of each spouse.

5. The standard of living established during the marriage.

6. The current and reasonably anticipated expenses and needs of each spouse.

7. The current and reasonably anticipated earnings of each spouse.

8. The marital and non marital properties of each spouse.

9. Custody of the children.

10. Marital misconduct; and

11. Any other relevant factors.

Either party may petition the court for an order or judgment increasing or decreasing the amount of alimony. 3-20-3-120

Distribution of property

South Carolina is an equitable distribution state. This means that the court will divide the marital property between the parties as it deems equitable and just, after setting aside to each spouse the separate property of each. Some of the factors the court considers in dividing the property between the parties include:

1. The duration of the marriage.

2. The age of the spouses.

3. Marital misconduct.

4. Economic misconduct.

5. The value of each party's marital property.

6. The contribution of each spouse to the marital estate.

7. The income of each spouse. 3-20-7-472

Child custody

South Carolina courts will decide the issue of custody based upon the best interests of the child. In determining the best interest of the child, the court must consider the child's reasonable preference for custody. The court shall place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference. Religious faith shall also be considered in determining custody. In making a decision regarding custody of a minor child, in addition to other existing factors specified by law, the court must give weight to evidence of domestic violence. 3-20-7-1515, 3-20-7-1520

Grandparent Visitation

South Carolina courts will determine a grandparent's visitation rights with a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats regardless of the existence of a court order or agreement, and upon a written finding that the visitation rights would be in the best interests of the child and would not interfere with the parent/child relationship. In determining whether to order visitation for the grandparents, the court shall consider the nature of the relationship between the child and his grandparents prior to the filing of the petition or complaint. 3-20-7-420

Child support

In a proceeding for dissolution of marriage or legal separation, the court may order either or both parties to pay a reasonable amount necessary for the support of a child of the marriage. The South Carolina legislature has established child support guidelines which establish the presumptive correct amount of child support. Deviation from the guidelines require a specific finding by the court that application of the guidelines would be unjust or inappropriate and such findings must be included in the judgment. 3-20-7-852

Name change

The court, upon granting a final judgment of divorce, may allow a party to resume the use of their former name. 3-20-3-180

Other South Carolina Divorce Forms
South Carolina Divorce Forms Page
Other States Divorce Forms

Related Legal Definitions
Divorce Law Defined
Family Law Defined
Separation Agreement Defined


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http://www.uslegalforms.com/legaldefinitions/d/divorce.php
DIVORCE LAW DEFINED
A divorce is the termination of a marriage by legal action, requiring a petition or complaint for divorce (or dissolution in some states) by one party. There are two types of divorce-- fault and no-fault. An fault divorce, (also called a "divorce a vinculo matrimonii" is a judicial termination of a marriage based on marital misconduct or other statutory cause requiring proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. Some states still require at least a minimal showing of fault, but no-fault divorce is now common. Usually, a no-fault divorce is referred to as a separation decree; the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.

State law governs divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a certain period of time, which varies by state. The most common issues in divorces are division of property, child custody and support, alimony (spousal support), child visitation and attorney's fees. Only state courts have jurisdiction over divorces, so the petitioning or complaining party can only file in the state in which he/she is and has been a resident for a period of time. In most states, the legal process of the divorce procedures take some time, to allow for a chance of reconciliation. The divorce decree is a court orde that states the rights and responsibilities of the divorced parties, including the basic information regarding the divorce, case number, parties, date of divorce, and terms the parties have agreed upon.

Sexual relations with anyone other than your spouse is still a crime in many states, even if the married couple is seeking a divorce. The judge has a great deal of discretion in custody cases and in awarding or restricting visitation rights. Extramarital sexual relations before divorce may be used as evidence of marital misconduct during the marriage. Also, cohabitation with another person may be a factor in reducing support payments received.

http://www.uslegalforms.com/legaldefinitions/s/separation-agreement.php
SEPERATION AGREEMENT LAW AND LEGAL DEFINITIONS
A separation agreement is an agreement between two married people who have agreed to live apart for an indefinite period of time, perhaps as a preliminary step to a divorce. A separation agreement may contain terms in the event that the separation is permanent. It is not legally binding unless one party files a petition for legal separation or files a lawsuit for specific performance of a contract. The agreement can be cancelled if the couple reconciles.

The agreement generally contains provisions for:

Spousal Support
Division Of Property
Health Insurance
Separate Property
Prior To Marriage

Financial Obligations
Pension Plans
Income Tax Issues
Custody Of Children
If Applicable

Child Support Payments
And Guidelines

Visitation

Answer 2

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Answer 3

Legal Separation In Sc

Answer 4

One of the most common questions spouses ask when confronting a marriage crisis is this: How can I save my marriage if my partner doesn't want to help find a solution? How do I succeed I am trying to save my marriage on my own? Learn here https://tr.im/fNzui

It is a typical enough story: one partner leaves, the other stays. One remains 'in love', the other is uncertain. Whatever it is that has caused a couple to be apart, the one person who remains bears the prospect, fear, doubt, desire, hope of saving his or her marriage' alone.

Answer 5

2

Answer 6

Leonard Dale and Nicki Lewis posted the same question. You should read their answers side by side.

Answer 7

That's a good point

Answer 8

At the courthouse !

Answer 9

Hope this helps!