South Carolina Divorce Details
As you stand before your friends and family during a wedding ceremony,
the last thing on your mind should be whether or not you'll end up in
divorce court. Unfortunately, according to recent statistics, over half
of American marriages end in divorce.
In South Carolina, you can actually begin those divorce proceedings if
you've lived there for only three months. If only one spouse is living
in South Carolina then they'll need to wait for up to a year before
filing for divorce.
Legal Grounds for Divorce in South
The grounds for a divorce in South Carolina are simple and
straightforward. They include when one spouse has committed adultery,
physical cruelty, is a habitual drinker or drug user, or the couple have lived
separately for at least a year. If any one of those conditions can be
proven in front of the judge then the divorce will be granted.
The issues of property distribution, alimony payments and child support
are separate from the grounds for divorce.
Divorce Property Distribution in South
If any claims of property are disputed in the divorce, then the judge
will make the final ruling to determine what is an equitable spilt.
What is excluded in the distribution decision is anything that was
acquired by either spouse before the marriage or any gift or
inheritance. For the actual property that is considered marital assets,
the judge will consider how long the marriage lasted and the ages of
the husband and wife.
They can also factor in who was at fault in the break up and who
contributed to the assets in the first place. A judge will also
consider each spouse's current financial earning potential, their
health, and if they will need to go back to school for a new career. If
there are any debts or liens against the property then that will also
be equally divided between the parties.
Alimony/Spousal Support Laws in South
In South Carolina, the parameters for determining alimony or spousal
support follow along the same line as the property distribution. The
judge can consider who was a fault for the break up and who contributed
what. They will also factor in the tax burdens placed on someone who
would suddenly become a property owner as well as the living expenses.
Child Custody and Support Laws in
When it comes to child custody, a South Carolina divorce judge will
think about what is best for the child based on a set of interviews
with the entire family. How mature the child is and what their
preference for living arrangements carries a lot of weight with the
The same goes for any religious affiliations if they differ between the
children and the parents. If there is any report of abuse then that
will surely work against the accused.
Once the issue of child custody has been resolved, then child support
payments need to be worked out. These payments will be based on how
many children are part of the family, what debts need to be paid off,
the cost for any special medical needs or education.
If any of the children actually have the potential to earn an income
that can be added to the mix as well before the final conclusion is
made by the judge.