The Peck Law Firm

<p>South Carolina permits fault-based divorce and no-fault divorce. A person can get a fault-based divorce only if her/his spouse has cheated, committed domestic violence, or is an alcoholic or drug addict. A person cannot file for a no-fault divorce while the parties still live together. For more information, visit <a href='https://thepeckfirm.com/divorce-guide/'>https://thepeckfirm.com/divorce-guide/</a>. <a href='https://www.scstatehouse.gov/code/t20c003.php#20-3-10'>S.C. Code § 20-3-10</a></p>

<p>To prove adultery in a South Carolina divorce, the innocent party must prove that the unfaithful spouse had the “inclination” and “opportunity” to commit adultery. “Inclination” means that the unfaithful spouse wanted to cheat. “Opportunity” means that the cheating spouse was close enough to another person to conclude that romantic or sexual contact occurred. Adultery can be proven without evidence of intercourse. For further information, see this article <a href='https://thepeckfirm.com/4-ways-adultery-can-affect-your-charleston-divorce/'>https://thepeckfirm.com/4-ways-adultery-can-affect-your-charleston-divorce/</a>.</p>

<p>You can pay for your South Carolina divorce from separate funds, marital funds, credit cards, loans from friends or family, payment plans, loans from third-party lenders, or combination of these sources. Also see: <a href='https://thepeckfirm.com/can-pay-divorce-lawyer/'>https://thepeckfirm.com/can-pay-divorce-lawyer/</a></p>

<p>The cost of a South Carolina divorce can be as low as $500 or as much as $25,000 or more.</p><p>The cost of a South Carolina divorce will depend on:</p><ol><li>Whether a person hires a divorce attorney;</li><li>The hourly rate charged by the attorney;</li><li>The quality of the attorney;</li><li>Whether it is a fault-based divorce or a no-fault divorce; and</li><li>Whether the parties dispute child custody, child support, alimony, property division, or other divorce issues.</li></ol><p>To get an estimate of how much a divorce will cost, you should consult with an experienced South Carolina divorce lawyer.</p><p>If a person cannot afford a divorce attorney, the person may wish to call Charleston Pro Bono Legal Services for assistance <a href='https://charlestonprobono.org/'>https://charlestonprobono.org/</a>. The phone number for Charleston Pro Bono Legal Services is 843-853-6456.</p><p>If a person wants to try a “do it yourself” divorce, the person can access state-approved forms at the South Carolina Supreme Court website. Click <a href='https://www.sccourts.org/forms/searchType.cfm'>https://www.sccourts.org/forms/searchType.cfm</a> and search for “Family Court” forms to find the applicable forms.</p>

<p>A South Carolina divorce can take as little as 3 months or as long as 24 months to complete. A South Carolina fault-based divorce will require 3 to 12 months to complete. A South Carolina no-fault divorce will typically require 15 to 24 months to complete — as measured from the date on which the parties physically separated.</p><p>The length of time required to complete a South Carolina divorce will depend on:</p><ol><li>Whether it is a fault-based divorce or a no-fault divorce;</li><li>Whether either party hires a divorce lawyer;</li><li>The complexity of the issues involved;</li><li>The extent to which the parties dispute child custody, child support, alimony, property division, or other divorce issues; and</li><li>Scheduling issues with the family court’s calendar.</li></ol>

<p>Child custody is determined in South Carolina on the basis of the “best interests of the child.” South Carolina judges use 17 statutory factors to determine child custody. The more significant South Carolina child custody factors include:</p><ol><li>The needs of the child;</li><li.The preferences of the child regarding child custody;</li><li>The ability and willingness of each parent to understand and meet the needs of the child;</li><li>The preferences of each parent regarding child custody; and</li><li>The interaction and relationships of the child with parents, sibling, and others, including grandparents.</li></ol><p>For more information, see our article at: <a href='https://thepeckfirm.com/how-will-judge-decide-charleston-child-custody-case/'>https://thepeckfirm.com/how-will-judge-decide-charleston-child-custody-case/</a></p>

<p>In a South Carolina divorce, the husband should not move out of the marital home unless both parties have signed a written divorce settlement agreement. Moving out of the marital home prematurely is the most common and most serious strategic mistake that a husband can make in a South Carolina divorce. The husband can lose his kids and be forced to pay alimony for the rest of his life if he moves out too soon.</p><p>By moving out before a divorce settlement agreement has been signed, the husband will define a “new status quo” for the child custody and financial issues. The wife’s attorney will argue that the husband’s continuing payment of the mortgage and other family bills demonstrates the wife’s need for alimony and the husband’s ability to pay it. The husband will also be yielding the primary child custody role to his wife before a custodial evaluation has been performed or a judge has ruled.</p><p>If a divorce is inevitable, the husband should negotiate a written parenting plan and a financial settlement before he moves out. Since the settlement agreement will settle all of the financial and child issues in a South Carolina divorce, the husband should consult with an experienced family law attorney before doing anything. <a href='https://thepeckfirm.com/successfully-negotiate-charleston-divorce-settlement/'>https://thepeckfirm.com/successfully-negotiate-charleston-divorce-settlement/</a></p><p>The husband should move out without a signed settlement agreement in a South Carolina divorce only if: (1) there is the possibility of domestic violence; (2) a false charge of domestic violence might be filed against him; (3) the welfare of the children is in question; (4) a court order has been issued; (5) the husband wants to file a no-fault divorce: or (6) another reason that his attorney may provide.</p>

<p>In a South Carolina divorce, a judge can give the marital home to either spouse or order the house to be sold. There is no S.C. statute or court decision that requires the judge to give the house to the husband or the wife. The judge will consider several practical and statutory factors in deciding what to do with the house. <a href='https://www.scstatehouse.gov/code/t20c003.php#20-3-620'>S.C, Code § 20-3-620(B)</a>.</p><p>In most South Carolina divorces, the judge will start with the presumption of dividing the value of the marital assets equally. However, the judge can deviate from a 50-50 marital property division, particularly if the substantial fault of one party has caused the divorce. For more information, see: <a href='https://thepeckfirm.com/successfully-negotiate-charleston-divorce-settlement/'>https://thepeckfirm.com/successfully-negotiate-charleston-divorce-settlement/</a></p>

<p>South Carolina divorce law does not require a husband to move out of the marital home unless he wants to file for a no-fault divorce. Without a court order, a wife cannot force her husband out of the marital home in a South Carolina divorce. Likewise, the police cannot force either party to leave the home in the absence of domestic violence.</p><p>Neither spouse is required to move out of the house if a fault-based divorce is filed. However, at least one of the spouses must move out before a no-fault divorce can be filed in <a href='https://www.scstatehouse.gov/code/t20c003.php#20-3-10'>S.C. Code § 20-3-10(5)</a>.</p>

<p>The no-fault divorce process in South Carolina can start when the parties physically separate from each other. A person does not have to wait one year to start a no-fault divorce. However, a South Carolina no-fault divorce cannot be completed until the parties have been living apart from each other for one continuous year.</p><p>Most people do a South Carolina no-fault divorce in two steps: (1) one spouse will file immediately an action for separate maintenance and support (often identified as a legal separation); and (2) one spouse will file a no-fault divorce case after the parties have been separated for 12 months.</p><p>In a South Carolina action for separate maintenance and support (a/k/a a legal separation), all matters will be resolved regarding: (a) financial issues, including division of marital property and alimony; and (b) child custody, including legal decision making authority, parenting time, and child support. A South Carolina legal separation case typically takes 3 to 8 months to complete.</p><p>The parties will still be legally married after they complete the action for separate maintenance and support. They will remain married until one of them files a complaint for a South Carolina no-fault divorce and a judgment of divorce is entered.</p><p>After the parties have been living separately for 365 consecutive days, either spouse can file a complaint for a South Carolina no-fault divorce. If the parties previously resolved their financial and child custody issues through an action for separate maintenance and support, the no-fault divorce hearing will require about 15 minutes of court time to complete. The final divorce hearing can be scheduled for 3 months after the date on which the no-fault divorce case has been filed. At the conclusion of the hearing, the parties will be legally divorced.</p>