Divorce can be a complex and emotionally challenging process, but understanding South Carolina’s divorce laws can make the journey more manageable. In South Carolina, divorces fall into two categories: fault-based and no-fault. A no-fault divorce requires spouses to live separately for one year, while fault-based divorces may involve adultery, desertion, physical cruelty, or habitual drunkenness. The state mandates residency requirements for filing: one spouse must have lived in South Carolina for at least one year or both spouses for three months if filing jointly.

The process begins with filing a complaint, followed by serving divorce papers to the other spouse. Mediation is often encouraged to resolve disputes regarding asset division, alimony, child custody, and visitation. South Carolina courts aim to divide marital property equitably and prioritize the child’s best interests in custody decisions. Consulting a skilled attorney ensures your rights are protected throughout the proceedings.

FAQs:

Q: Can I file for divorce without an attorney in South Carolina?

A:  Yes, but hiring an attorney ensures legal complexities are properly addressed.

Q: What is the cost of filing for divorce?

A:  Filing fees vary but typically start around $150, excluding attorney fees.

Q: How long does the divorce process take?

A: Contested divorces can take a year or more, while uncontested cases may finalize in as little as three months.

Divorce in South Carolina can be complicated, but Winslow Law is here to guide you through fault-based or no-fault divorces, ensuring your rights are protected during property division, custody decisions, and mediation.