how to get a divorce in sc without an attorney

• File the Divorce Complaint. The first step in a simple divorce is to file the following papers with the Clerk of Court, Family Court Division, in the proper South Carolina ...
• Serve Your Spouse and File Proof of Service. After filing your forms, you'll need to serve (deliver) a copy of the divorce papers on your spouse.
• Wait for Your Spouse's Answer and Request a Hearing. Under South Carolina rules, your spouse has 30 days to file a Defendant's Answer to the divorce complaint.
• Prepare for Your Hearing. To prepare for your hearing, complete a Final Order of Divorce and a Report of Divorce or Annulment.
• Attend the Hearing and Finalize Your Divorce. During the hearing, the judge will ask questions about your documents, marriage, and separation. ...

Full Answer

How to get a quick divorce in SC?

spouse have lived in South Carolina. You cannot file for divorce in South Carolina unless either you or your spouse have resided in South Carolina for a certain period of time, either: (1) you have lived in South Carolina for at least one year prior to the start of this action; (2) you are a

How do you file for a divorce in SC?

Feb 25, 2022 · You can file for divorce without the assistance of an attorney if your spouse and you have lived separately for a period of 1 year continuously. You can use the divorce packet of forms that are approved by the court and is available online, free of cost. Alternatively, by paying a nominal fee, you can buy the forms from your local courthouse.

What are the rules for divorce in SC?

Apr 06, 2020 · We can help you obtain this divorce without a trip to an attorney’s office or the courthouse. Call us at 1-888-304-2418 to get started. In order to qualify all of the following must apply to your situation: You and your spouse must both agree to be divorced. You and your spouse must fully cooperate with the divorce process.

What to look for in a good divorce lawyer?

There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina. Divorces are granted in specific courts, designated as Family Courts.

Can you get an immediate divorce in South Carolina?

In an uncontested divorce—also called a "simple divorce" in South Carolina—you and your spouse agree on all of the issues required to end your marriage. An uncontested divorce is faster and cheaper than traditional divorce, and spouses can often use a DIY solution like an online divorce service.

How much does a uncontested divorce cost in South Carolina?

$150Divorce Filing Fees and Typical Attorney Fees by StateStateAverage Filing FeesSouth Carolina$150South Dakota$95Tennessee$184.50 (without minor children), $259.50 (with minor children)Texas$300 (depending on child support or custody factors)48 more rows•Jul 21, 2020

How do I get a simple uncontested divorce in South Carolina?

In South Carolina, you and your spouse will need to have lived apart for at least a year before you can file for an uncontested divorce. This requirement means you must live in entirely separate households, without even spending a single night under the same roof during the one-year separation period.Feb 12, 2020

How do I get a divorce in SC without waiting a year?

How do I get a divorce in South Carolina without waiting a year? If you can prove a fault-ground for divorce like adultery, habitual drunkenness, physical cruelty, or abandonment, you do not need to wait for the one-year continuous separation.Apr 7, 2021

Do you have to file for separation before divorce in SC?

South Carolina does not require couples to formally file for separation before filing for divorce. However, couples must live separately from one another for one year prior to filing for a no-fault divorce.

Can I get a divorce without going to court?

It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.Apr 26, 2018

Can you file for divorce online in SC?

You may use the court approved divorce packet that is available online at no cost to you, or you may buy the forms from your local Clerk of Court for a small fee. You can also complete the divorce packet online on S.C. Legal Services' website www.lawhelp.org/sc.

Can I file for divorce before one year?

In case you wish to file for a divorce before this one year, you will have to go for a contested divorce and make your grounds very clear to the court. In some dire cases, such as torture, harassment, and other hardships, the court will grant a divorce even before the one-year mark.May 20, 2020

Can you file for divorce online in South Carolina?

Complete the South Carolina Self-Represented Litigant Simple Divorce Packets online using a free, interactive program provided by South Carolina Legal Services. This program allows you to quickly and easily complete the divorce packet by answering simple questions online. Visit www.lawhelp.org/sc for more information.

Can I date while separated in SC?

There are plenty of reasons to refrain from dating while you are separated from your spouse, and dating can affect the outcome of your divorce case, but SC law says that you can date once the court has signed a permanent Order of Separate Support and Maintenance or a permanent order approving your settlement agreement.Nov 20, 2020

Can you evict your spouse in South Carolina?

Contrary to popular belief, eviction in the context of a divorce isn't like landlord/tenant eviction. Even if your name is the only one on the mortgage or lease, you cannot evict your spouse or make them leave the marital home simply because you want to or because the home “belongs” to you.Mar 3, 2020

What is a legal separation in SC?

Separation in South Carolina simply means that you and your spouse no longer live together. There is no legal status between being married and divorced, although there may be court orders put in place during the time of separation.Jul 5, 2017

What are the grounds for divorce in South Carolina?

There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina. Divorces are granted in specific courts, designated as Family Courts.

What is the phone number for a lawyer in South Carolina?

and 5 p.m. The number is 799-7100 in Richland or Lexington Counties, and 1-800-868-2284 from other parts of the state.

What is a divorce action?

A divorce action is started when one spouse, or his or her attorney, files a Summons and Complaint, stating the grounds on which he or she wishes to be divorced from the other spouse, and, if applicable, how he or she would like the marital assets and debts to be divided.

How long is a final divorce hearing?

In an action for divorce only, there is one hearing, a final divorce hearing. This hearing is scheduled for 15 minutes, and is purely to determine whether the requirements for divorce on the ground requested have been met.

Who is served with summons and complaint?

Once the case is filed, the other spouse is personally served with a certified copy of the Summons and Complaint. The spouse ’s attorney, if he or she has one, may accept service of the Summons and Complaint on behalf of his or her client.

Representing Yourself in Family Court in South Carolina

When you represent yourself in any court, including family court, you are referred to as a “pro se” litigant.

10 Tips for Handling Your Own Divorce in South Carolina

1) Leave Your Emotions Outside the Courthouse – As Abraham Lincoln said, “he who represents himself has a fool for a client.” Part of the reason for this saying is that when you are emotionally involved with your divorce (and you will be), your judgment may be clouded by your emotions. Judges don’t like a lot of drama in their courtrooms.

Final Thoughts

Of course, it sounds self-serving for me to say that you should never represent yourself in family court. After all, I make part of my living by representing people who are divorcing. However, there’s good reason I say you shouldn’t go it alone in your divorce.

Get Your Free Book on Divorce Now!

Getting divorced is rarely easy. With over 100 pages of information, this FREE book will guide you through it.

Charleston Divorce Lawyers

If you need a divorce attorney in Charleston, SC, contact Futeral & Nelson, LLC. Our divorce lawyers have helped people in Charleston, North Charleston, Mt. Pleasant, Summerville, Goose Creek, Hanahan, Moncks Corner, James Island, West Ashley, Folly Beach, Sullivan’s Island, Isle of Palms, Awendaw, McClellanville and the surrounding areas.

Get In Touch With Us Today!

If you need a lawyer in Charleston for a divorce, we can help. 843-284-5500.

What are the issues in divorce?

Some issues to consider when approaching divorce proceedings on your own are: 1 the division of property, 2 spousal rights and child/visitation rights, 3 pensions, and 4 marital homes.

What happens when children are separated?

When children are at the center of the separation, divorce can become even more complicated. There are matters of children, assets, and the division of property to contend with. During this whirlwind of events, the stress can sometimes become too overwhelming.

How is equalization payment calculated?

An equalization payment is calculated via each party’s economic standing. For instance, a snapshot is taken of the value of the assets that each party owns (on the date of the marriage and again on the date of the separation).

Is cost a factor in divorce?

When considering all aspects to a divorce, cost is a major factor. Beware of some of the self-help guides on divorce. They may be the most cost-effective solutions, but they may not necessarily serve your best interests. It is best to refer to multiple sources.

What to do if you are divorced without an attorney?

Although counties and states differ, many County Clerks’ offices offer services regarding basic information required when filing a divorce without the use of an attorney.#N#Although your County Clerk cannot offer legal advice (only a licensed professional such as a paralegal or attorney can provide legal advice), your County Clerk can refer you to correct information regarding your divorce at the law library (if a library is available in your area).#N#If you need to find further information regarding the location of your local court, the hours of operation, and if there are any filing fees, your local clerk can also assist you.

Can a county clerk give legal advice?

Although your County Clerk cannot offer legal advice (only a licensed professional such as a paralegal or attorney can provide legal advice), your County Clerk can refer you to correct information regarding your divorce at the law library (if a library is available in your area).

What is the legal process of divorce?

Legal Proceedings of a Divorce: The Division of Property. Regarding the division of property, courts will generally determine the division of property depending on the financial contributions made during the marriage, and concern for the future welfare of the children.

How to Get a Divorce When You Can't Find or Serve Your Spouse

No court can begin processing a divorce request until the filing spouse "serves" (notifies) the other spouse with divorce papers. But successfully serving your spouse without a current address can be a problem.

Alternative Methods of Serving Your Spouse Divorce Papers

If you can't find your spouse, you can ask the court to use an alternative method of service, such as publication in a newspaper.

What Happens After You've Served Your Missing Spouse

After you've completed the steps required to serve your spouse (whether by traditional service, service by publication, or another method), your spouse has a certain period of time (usually up to 28 days) to respond. Usually, a spouse responds to a divorce petition by agreeing or disagreeing with the statements in the petition or complaint.

If Your Spouse Responds: Other Options

If your spouse responds to the divorce petition after you serve notice by publication or another alternative means, you won't be able to get a default divorce. Depending on your state's laws, you might have to refile your petition or your case might be converted to a standard divorce.