Where do I file for divorce?

If you are seeking a divorce in South Carolina, you must file your divorce paperwork with the Court of Common Pleas in the county where either you or your spouse lives. You must begin the process by submitting a Summons and Complaint for Divorce to the clerk of court. Some counties may provide the necessary forms online for you to download and complete. In addition, the South Carolina Bar Association offers a Family Law Do-It-Yourself Packet, which contains a variety of divorce forms. Once you have completed the forms, you will need to file them with the clerk of court. The form will need to be officially served, or delivered, to your spouse in order for it to be legally valid. You can contact a private process server or have the court serve the papers. The court will also need a filing fee, which varies by county, before it will consider your divorce. You may be able to ask for a waiver of the fee if you cannot afford to pay it. Your divorce will be finalized in a court hearing. You and your spouse will both need to be present in the courtroom. The judge will review your paperwork and ask questions related to the case. Once the judge signs off on your divorce, it will become official.

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