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South Carolina Divorce Facts

When going through a divorce in in South Carolina, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of South Carolina should know. The facts listed here are only a selected few of the more comprehensive set of South Carolina Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified South Carolina Divorce Professional.

  • South Carolina recognizes common law marriages.
  • South Carolina requires that either the plaintiff or the defendant must have been a resident for at least one year. If both spouses are residents, however, the plaintiff is only required to have been residing in the state for three months.
  • South Carolina recognizes no-fault and fault divorces. Under no-fault, both parties must live apart for at least one year. Fault divorce requires proof that the marriage is irretrievably broken due to adultery, desertion (for a period of one year), physical cruelty, or substance abuse.
  • South Carolina is an equitable distribution state. Courts encourage the spouses to settle property and debts, but if they cannot agree, then the court will decide. The laws provide for equitable distribution of the marital property. This does not necessarily mean equal, but fair division is envisioned. Fairness is the standard courts use to divide marital property. When dividing property, the court considers many factors, including the duration of the marriage, the age of the spouses, the contribution of each spouse to the acquisition of the property and the income of each spouse.
  • Spousal support is awarded on a case-by-case basis. Either the parties or the courts decide. When deciding the terms of spousal support, the court considers factors such as duration of the marriage and the respective ages of both parties, the standard of living during the marriage, and the custody of children.

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