How do I file for divorce?

In order to file for divorce in South Carolina, you must meet certain requirements. First, you must have been a resident of the state for at least a year prior to filing, or if you have lived in the state for the last three months, you can file if the grounds for the divorce occurred outside the state. Second, you must also have a valid reason for the divorce. In South Carolina, the grounds for divorce are classified as “fault” and “no-fault”. Fault divorces are based on abuse or other marital misconduct whereas no-fault divorces are based on irreconcilable differences or other insurmountable obstacles. Once you have satisfied the residency and grounds requirements, you will begin the process of filing for divorce. First, you must fill out and file a Complaint for Divorce and Summons with your local family court. The court will then provide you with a hearing date. Additionally, you must also provide the court with a Certificate of Exemptions and Allowances form to provide information about your income, assets, and any child support or spousal support payments. Once the court has processed your forms, you will be given a final hearing date. During this hearing, you and your spouse will have the opportunity to explain your reasons for divorce to the court. After all the evidence has been presented, the court will decide whether or not to grant the divorce. If the court decides to grant the divorce, they will provide a Final Order of Divorce. If you have any questions about how to file for divorce in South Carolina, you should contact a local family law attorney for guidance and more information.

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