You may have wondered: How to File Divorce Papers
The answer to that question depends on several factors. To file for divorce in South Carolina, either you or your spouse must be a resident of South Carolina for at least one year prior to the action unless both of you are residents. If both of you are residents of South Carolina, you must have been in the state three months prior to filing the action. You must wait 90 days from the time of filing for a divorce to the time of your final decree of divorce.
In South Carolina there are five grounds for divorce: separation of the spouses for at least one year (the “no-fault divorce”), adultery, physical cruelty, habitual drunkenness (alcohol or narcotic drugs), and desertion. Your lawyer will ask you about your situation and advise you about your case.
The divorce process begins when one spouse files a “Complaint for Divorce.” You may file for divorce in the county where: Your spouse lives; you live if your spouse does not live in South Carolina; or you and your spouse last lived together if you are both currently living in South Carolina. State law requires that a family court judge make a specific finding that reconciliation is not possible before the judge can grant a divorce.
If you believe that you are the better parent to take charge of your children, then you should make the strongest case possible to help protect the best interests of your children and yourself. In the event that you cannot agree on a custody arrangement, we can provide effective litigation to represent you and your complete needs.
A Divorce Mediator Is Helpful
How to have an amicable divorce?
Five tips on how to file for divorce. The decision to divorce your spouse is most likely one of the most painful decisions anyone ever has to make. Once the decision is made, the process of divorce can be overwhelming, emotional and stressful.
Here are five tips that can help with the journey.
- Be honest with your attorney. This is the most important tip I can give you. Honesty is crucial in an attorney/client relationship. The last thing an attorney needs or wants to happen is to hear damaging or negative information about their client for the first time in the court room. Many attorneys will have clients fill out extensive questionnaires when first meeting. The questionnaire will cover all aspects of the marital relationship – from parenting to property. It is extremely important for your attorney to have as much information as possible. You should share not only the good things, but the bad as well. There is probably nothing you can tell your attorney that will shock them. Knowledge is power and the lack of knowledge is dangerous for the client’s case.
- Divorce is stressful. As hard as it is to make the decision to divorce, the process itself can often be much worse. Divorce deals with the most personal and intimate details of your life…your children, your home, all of the most valued things you have. If the divorce and related issues are contested by your spouse, the stress level goes even higher. Many clients seek counseling to help guide them through the process and deal with the stress and changes occurring in their lives. A counselor can help by listening and offering support throughout the process. A counselor could also be consulted to help you deal with communication issues with your spouse and issues involving your children.
- The process is not fast. Clients often have the mistaken belief that divorces can be resolved quickly, especially if the other spouse is at fault in causing the breakup of the marriage. Depending on the number and complexity of issues involved and the level of contention between the parties, it would not be unusual for a divorce to take 6 to 12 months to become final. Remember it takes time to gather all of the information needed to prepare your case and get ready for trial or settlement mediation. It may be necessary to hire experts on financial or children’s issues and that takes additional time. Your attorney should keep you informed along the way and answer your questions about the time line of the proceeding.
- Don’t be afraid to talk with your attorney. Just as you need to be honest with your attorney, you have the right to expect the same from him or her. If you don’t understand what your attorney is doing, ask. Make sure your questions are answered to your satisfaction and that your attorney is explaining everything to you. If there are things you don’t agree with, tell your attorney. Your attorney is your advocate and there to work for you. It is essential that you are able to communicate with your attorney freely and comfortably.
- Divorce isn’t nice. In most cases your spouse will have an attorney who is working just as hard on their behalf. There may be times when you have to answer questions posed by your spouse’s attorney that you feel are invasive or make you uncomfortable. Discuss your concerns with your attorney. Many times the questions are just basic questions designed to gather information about the case or to determine what your side of the story is. Divorce is an emotional and stressful process for anyone, even in cases where the parties are getting along. It is imperative that the clients be informed going into the process and know what to expect along the way. Separation South Carolina allows married couples to live under an order of separation as long as they have different residences. Even if you do not have grounds for divorce, you can divide property, decide custody, visitation and support of children, and finalize all the issues usually decided at the time of divorce. We can provide necessary solutions when there are no grounds for divorce. When you and your spouse have separated but do not have grounds for divorce, you can apply to the court for the right to live separate and apart. This is done through an action for “separate maintenance and support,” which is a claim for spousal support. If the court considers issues of alimony, child support or child custody at this time, it can also deal with equitable division of marital property. Separation officially begins on the day that the spouses no longer live together. Get Answers. Get Help and Work with a divorce mediator. While many people have known of someone who has gone through a divorce and/or separation, only people who have gone through the process understand the complexity and stress that is involved. The divorce lawyers in florence SC, have years of experience in handling divorce from simple to complicated litigation.
To discuss your legal options, contact us or call our office at (843) 667.0400.