What factors will a court consider when granting a divorce?
In South Carolina, when a court is deciding upon a divorce, there are several factors that are taken into consideration before a decision is made. These factors include: 1) Fault or no-fault: Courts must decide whether the divorce should be granted on a fault-based ground or a no-fault ground. Fault-based grounds include adultery, desertion, and physical or mental abuse. No-fault grounds can be found when both parties involved mutually agree on the divorce. 2) Separation: South Carolina courts also consider how long the couple has been living separate and apart as a factor for granting a divorce. It must be a certain length of time and both parties must agree that their marriage is irretrievably broken. 3) Property: Courts must divide the marital assets and debts appropriately between the two parties. This includes things like real estate, furniture, cars, and any investments the couple may have. 4) Children: If there are minor children involved, the court must decide on issues such as child custody, visitation, and child support. All these factors come into play and must be taken into account when granting a divorce in South Carolina. The court also needs to make sure that the decision is fair and equitable for both parties involved.
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