All too often, people misunderstand even the most basic eligibility requirements and procedures for filing for divorce in the state of South Carolina. While the process for filing the initial divorce petition is relatively simple, resolving your divorce is another matter altogether. This is why retaining the services of an experienced South Carolina divorce attorney is essential to resolving your divorce in an efficient and successful manner. A divorce lawyer can answer all of your questions and guide you through the entire process of divorce, from the initial filing of documents to receiving your final divorce papers.
Grounds for Divorce Under South Carolina Law
Title 20 of the South Carolina Code contains the grounds for filing for divorce, as well as many other aspects of South Carolina divorce law. Under South Carolina Code Ann. § 20-3-10, there are five different grounds for filing for divorce. The first four are fault-based grounds that must be proven by the person filing the petition for divorce. They include adultery, desertion for at least one year, physical cruelty, or habitual drunkenness, which also encompasses the use of a narcotic drug. The fifth ground for divorce under South Carolina law is a no-fault provision; under this provision, you are eligible to file for divorce if you and your spouse have lived separate and apart for at least one year. This is probably the most common ground of divorce used by individuals who file for divorce.
Eligibility for Divorce in South Carolina
There are jurisdictional requirements for filing for divorce in South Carolina. Typically, either you or your spouse must live in the state of South Carolina for at least one year prior to filing for divorce. However, if you and your spouse both have lived in South Carolina for at least three months, you also are eligible to file for divorce. There may be some restrictions on the issues that your divorce can involve if your spouse lives out of state, but these are complex and fact-specific rules that can impact different divorce cases in different ways.
Where to File Your Divorce Petition
All divorces go through the Family Court in South Carolina. There is a Family Court in every county in the state. Typically, you must file for divorce in the county in which your spouse lives, or the county in which you and your spouse last lived together as a married couple. If your spouse lives out of state, then you would file for divorce in the county of your residence.
Call Your Greenville Divorce Attorney for Help
Whether you are considering filing for divorce or you already filed for divorce, the Elliott Frazier Law Firm, LLC, knows how important it is to educate yourself about the divorce process and how it will impact your life and your future. Do not take chances with your family and financial situation. Call your experienced South Carolina divorce attorney at (864) 214-3621 and set up an appointment in order to discuss how to best protect you and your family and resolve your divorce in the best and most efficient way possible.