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South Carolina Divorce Forms
This is a list of the most commonly filed divorce forms for the state of South Carolina. Following the list is a brief summary of each form and its purpose. This list of forms is not exhaustive and not all forms listed are required for every divorce. Due to unique case situations and special divorce filing procedures in South Carolina, certain forms may or may not be required by the South Carolina courts.
Family Court Cover Sheet (SCCA 467/SCBar-467)
The Family Court Cover Sheet, completed by the Plaintiff, provides contact information and designates the type of action (Divorce). A copy of this form is given to the Defendant.
Certificate of Exemption (SC Bar SD-1)
The Certificate of Exemption certifies that the action is exempt from mediation and (usually) that the parties have agreed on custody and visitation, if applicable.
Summons (SCBar SD-2)
The Summons informs that the Defendant that the action has been started and gives him or her 30 days to file an Answer or face a default judgment against him or her.
Complaint for Divorce (SCBar SD-3)
The Complaint for Divorce stipulates that the parties meet the conditions for a simplified divorce and waives any claims to alimony.
Financial Declaration (SCBar 430(a))
The Financial Declaration, which must be notarized, profiles the financial situation of both the Plaintiff and the Defendant. If the combined assets of the couple are greater than $300,000, the Financial Declaration demands additional information.
Motion and Affidavit to proceed In Forma Pauperis (SCBar SD-4)
Motion and Affidavit to proceed In Forma Pauperis (SCBar SD-4), used by the Plaintiff when he or she cannot afford the filing costs of the action, moves for an exemption from the filing fees. The Motion and Affidavit, which must be notarized, includes an Order, granting or denying the request.
Affidavit of Service (SCBar SD-5)
The Affidavit of Service, signed by the Plaintiff, attests to the fact that the Defendant received the divorce papers, which include a copy of the Family Cover Sheet, the Certificate of Exemption, Summons and the Complaint for Divorce. When service is done by certified mail, restricted delivery, the green postal receipt card is attached to the Affidavit. When service is accomplished by the sheriff, he or she completes the Return of Service of Summons by Sheriff. The Affidavit becomes part of the case papers.
Application and Affidavit of Default (SCBar SD-6)
The Application and Affidavit of Default, which must be notarized, attests to the fact that more than 30 days have passed since the Defendant received the divorce papers (the Family Cover Sheet, the Certificate of Exemption, Summons and the Complaint for Divorce), that he or she has fined no answer and that the Defendant is not protected by the Servicemembers' Civil Relief Act. The Application and Affidavit asks for a default against the Defendant.
Request for a Hearing (SCBar SD-7)
The Request for a Hearing, normally filed by the Plaintiff, requests the court hear the case. Normally, the hearing lasts about 15 minutes.
Final Decree of Divorce (SCBar SD-8)
The Final Decree of Divorce states Findings of Fact and Conclusions of Law and, when signed by the judge, divorces the parties.
Department of Health and Environmental Control (DHEC) Form 0692
The Department of Health and Environmental Control Form records the divorce in the state's vital statistics.
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.
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