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Divorce in South Carolina

Grounds for divorce, the one-year separation, and how a South Carolina divorce moves from filing to a final decree.

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Article New Can I Use My Spouse's Text Messages Against Them — and Can They Use Mine? Text messages are often the most persuasive evidence in a South Carolina divorce or custody case. Whether they help you or destroy you depends on two things: how you... Article New Who Gets the Business? Who Gets the Retirement? Dividing Complex Assets in a South Carolina Divorce The name on the account decides almost nothing. What decides the outcome is a date, a distinction between two kinds of growth, and the difference between a business's... White paper High Asset & Complex Divorces in South Carolina When one spouse controls the money, the other can be left in the dark. The recurring issues in high-asset divorces — and what a prepared attorney looks for. White paper Prenuptial Agreements in South Carolina: Scope and Proper Execution South Carolina has no statute that comprehensively governs prenups. What can be bargained away, and what does it take to execute an agreement that will hold up? FAQ Divorce — Frequently Asked Questions Answers to the most common questions our clients ask about the divorce process in South Carolina — grounds for divorce, the court process from filing through trial,... FAQ Military Divorce — Frequently Asked Questions Answers to the most common questions our clients ask about military divorce and custody cases in South Carolina. Columbia is home to Fort Jackson, and our firm has... Video Filing for Separation in South Carolina Columbia SC Divorce Attorney Nick Mermiges explains what it really means to 'file for separation' before a divorce in South Carolina, what relief the Court can order,... Video Grounds for Divorce in South Carolina Columbia SC Divorce Lawyer Nick Mermiges explains both the no-fault and fault-based grounds for divorce in South Carolina, as well as the specific evidence that must...

Answered questions

When can I file my case? If there are fault-based grounds for divorce that are recent in time (generally within the past six months) and have not been condoned, you can initiate... Divorce FAQs What counts as "marital fault" in South Carolina? Marital fault grounds include adultery, habitual drunkenness (including alcohol or drug use), and physical cruelty. S.C. Code Ann. § 20-3-10(1), (3), (4) . Divorce FAQs Can I file for divorce if we are still living in the same house? You can file for a fault-based divorce (such as adultery) while living together, but to file for a no-fault divorce or separate support and maintenance... Divorce FAQs What is "condonation" of adultery? Condonation occurs if you discover your spouse’s infidelity and then continue to live with them or resume sexual relations; this can prevent you from... Divorce FAQs Is there such a thing as "abandonment" if I move out? Legally, moving out to separate is not generally considered “abandonment” in the way clients fear, but staying in the home can provide leverage... Divorce FAQs Can I date other people once we are separated? Your lawyer will generally advise against dating until you have a signed settlement agreement. However, lawyers are very cautious. In non-custody cases, the... Divorce FAQs How long does a no-fault divorce take? You must live separate and apart for one continuous year before a no-fault divorce can be finalized. However, if there are unresolved and contested issues,... Divorce FAQs Can we get divorced faster if we agree on everything? If you have fault grounds (such as adultery) and a full agreement, a divorce can be finalized as quickly as 90 days after filing. S.C. Code Ann. § 20-3-80 . Divorce FAQs How do I prove my spouse is cheating if they won't admit it? You generally hire a Private Investigator (PI) to prove “inclination” (romantic intent) and “opportunity” (being alone together in a... Divorce FAQs What if my spouse threatens suicide or acts erratic? You should document the behavior (photos, texts) and, if there is an immediate threat of harm, consider filing for an Order of Protection, which can remove... Divorce FAQs What happens at the first court hearing? Called a “temporary hearing,” this 15–30 minute hearing takes place at the beginning of your case. The Court will review written submissions and... Divorce FAQs Will I have to testify at the temporary hearing? No. In South Carolina, temporary hearings are based on written affidavits (sworn statements) and financial declarations, not live testimony. In very rare... Divorce FAQs What is an affidavit? An affidavit is written sworn testimony. It is a written, notarized letter to the judge where you tell your story, explain your background, and state what... Divorce FAQs Can I get friends or family to write affidavits for me? Yes, you can submit supporting affidavits from witnesses who can attest to your character or specific incidents relevant to your case. Divorce FAQs What is a Guardian ad Litem? A Guardian ad Litem is a person, usually a lawyer, appointed by the court to represent the best interests of the children. They investigate the family,... Divorce FAQs Who pays for the Guardian ad Litem? Typically, the cost (often a retainer of $750–$1,000 per party) is split 50/50 between the spouses, though the court can reallocate fees later. S.C. Code... Divorce FAQs What is mediation? Mediation is required in all contested cases. With a few exceptions, you must complete mediation in order to request a trial, and if you do not request a... Divorce FAQs What happens if we settle the case? If you reach an agreement, it is written up, signed, and presented to the judge at a final hearing for approval to become a court order. S.C. Code Ann. § 20-3-130 . Divorce FAQs What is discovery? Discovery is the process of exchanging information, including 3–5 years of financial records (bank statements, credit card statements, tax returns),... Divorce FAQs Can I get my spouse to pay my legal fees? You can request it, but courts rarely order one spouse to pay the other’s attorney’s fees unless there is a significant disparity in income or... Divorce FAQs What if my spouse is hiding money? During the discovery phase, you can subpoena bank records, credit card statements, and electronic payment records (such as Venmo, Zelle, or PayPal... Divorce FAQs Can I change my child's name in the divorce? Yes, the court can order a name change for a child and order the birth certificate amended as part of the final order. S.C. Code Ann. § 15-49-10(B) . Divorce FAQs What if my spouse is in the military? Military pensions can be divided as part of equitable distribution. The non-military spouse is typically entitled to 50% of the “marital... Divorce FAQs Can I take the children out of the country? International travel with children requires a passport. If the parents cannot agree, the court can set rules for holding the passport and allowing... Divorce FAQs

Other topics:Child CustodyProperty DivisionAlimony & Child SupportMilitary FamiliesModification & EnforcementDiscovery & EvidenceFamily Court Procedure

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