Divorce FAQ
Q: What are the divorce grounds for South Carolina?. A: The divorce grounds for SC are as follows: FAULT GROUNDS.... Adultery Habitual Drunkenness Physical Cruelty Desertion NO FAULT............... Living Separate and apart for a period exceeding one year with cohabitation or interruption. Q: How long must I wait to file for divorce or to receive my divorce? A; The first three grounds can be used immediately. While one can file immediately, there are jurisdictional requirements regarding residency. There is a minimum three month waiting period before a decree of divorce can be signed for the above three fault grounds. Desertion can only be filed AFTER one year has passed. A divorce on the ground of living separate and apart for a period exceeding one year can be filed one year after the last separation of the parties. Q: What will I pay in child support ? A; While not completely determinant, the below link to the South Carolina Child Support Guidelines and Calculator may give you some insight. South Carolina Child Support Guidelines Q: Will I have to pay alimony or spousal support? A: The Court looks to eleven or more factors to determine the eligibility of a spouse to receive support, these include (but not limited to) the following: 1.Length of marriage 2. Respective earning capabilities resulting from (a) Historical Employment, Trade (b) Education (can include education received from employer/Trade.) (c ) Actual incomes at time of divorce. 3. Respective age of the parties. 4. Contribution (financial, material, emotional support) of the parties toward the marriage (or lack thereof...see immediately below......) 5. Fault (note that 3 fault grounds regarding divorce above weigh more heavily than other non delineated shortcomings or delicts. ) Q: How will the property be divided ? A: The Court will first determine if the property is marital in nature. Secondly, the Court will use similar to amost identical factors as above to determine the division. SC is an equitable division State (not a community property State where a 50/50 split is more likely) |
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Family Law Questions and Answers will be updated soon with additional information in the space below.
Remember that the information provided is not intended to create an attorney client relationship: Your individual situation may vary and alter the implementation of, or the application of the factors listed to the right. (And Remember the list is not exhaustive). More importantly, remember that you and your spouse can always agree on a solution that both of you deem fair. |
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