Do You Need A Valid Reason To File For Divorce In South Carolina?
There are fault-based grounds for divorce. 1) Adultery 2) Physical cruelty and 3) Habitual alcohol or drug abuse. If there is not a fault-based ground for divorce, then a person can obtain a divorce based upon 1 year continuous separation. This is considered a “no-fault” ground for divorce. A person can also obtain an order for separate support and maintenance commonly referred to as “legal separation” once the husband and wife are no longer cohabitating prior to living separately for 1 year.
Is There A Mandatory Period Of Separation Prior To Filing For Divorce In South Carolina?
There are 3 fault-based reasons a person can get a divorce without first being separated: Adultery, Physical Cruelty, and Habitual Alcohol or Drug Abuse. If none of these apply, then you must be physically living in separate residences for a period of at least one (1) year. During the one year of separation, all issues can be resolved to dissolve the marriage except for the actual divorce.
How Can Someone Prepare For An Impending Divorce?
For starters, a person should itemize all assets and debts whether they are titled in both spouses names or titled in your name alone. Also, make a list of all monthly expenses to figure out how much it costs to live the lifestyle you have been accustomed to during the marriage.
How Long Does A Divorce Typically Take To Get Finalized In South Carolina?
If a person files for a fault-based divorce, i.e. adultery, physical cruelty, habitual alcohol or drug abuse, then a divorce could be finalized after 90 days from the date you file for divorce. Realistically, it will take between six to eight months. A rule in South Carolina mandates that all family court cases must be completed or have requested a final hearing within 365 days from the date of filing or it will automatically be dismissed by the court.
How Often Do You See Requests For A Post Decree Action After a Divorce?
The majority of modification actions are for custody, visitation, or child support after parents get divorced. If not kids are involved, all division of property, assets, and debts are final and cannot be modified after the Court approves an agreement or makes a ruling at a trial.
Can The Divorce Decree Be Modified If An Asset Was Previously Omitted?
A person seeking to modify a decree because of an omitted asset must show fraudulent intent on the other party’s behalf in order to have a chance at success in modifying the property division.
Under What Circumstances Can Custody Or Visitation Orders Be Modified?
A parent must show a substantial change of circumstance from the time the original custody/visitation order was approved by the court. A significant change of circumstance could be a variety of things. A few examples are, parent relocation, alcohol or drug abuse, excessive absences and faltering grades at school, increased salary (child support), and alienation of visiting parent by custodial parent.
Does The Same Judge Who Handled My Divorce Handle My Modification As Well?
There is a possibility the same judge would handle a modification action but judge’s travel to different counties and attorneys have no control over what judge may be on the bench at the time your hearing is scheduled. The only time you would have the same judge is if you file a motion to reconsider or alter/amend a ruling. This type of motion must be filed within 10 days of the date of filing and must be heard in front of the same judge.
Should I Hire The Attorney Who Handed My Divorce For A Modification As Well?
You are free to hire any attorney of your choice to help assist you with a modification. Please contact Sahn Law Firm to discuss how we can help you.
Can A Request Or Petition To Modify A Divorce Decree Be Opposed?
The opposing party could file a motion to dismiss but the more likely scenario is they can file what is called an Answer and Counterclaim requesting their own relief separate from what the other party has requested to modify.
For more information on Filing For Divorce In South Carolina, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (843) 856-2222 today.