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We offer a 100% guarantee that the documents provided will be accepted by the South Carolina courts to finalize your divorce.
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South Carolina Divorce Laws
South Carolina Residency Requirements
In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this state at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this state for this period; provided, that when both parties are residents of the state when the action is commenced, the plaintiff must have resided in this state only three months prior to commencement of the action. Actions for divorce from the bonds of matrimony or for separate support and maintenance must be tried in the county (a) in which the defendant resides at the time of the commencement of the action, (b) in which the plaintiff resides if the defendant is a nonresident or after due diligence cannot be found, or (c) in which the parties last resided together as husband and wife unless the plaintiff is a nonresident, in which case it must be brought in the county in which the defendant resides. The divorce is typically filed with in county in which the filing spouse resides. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-30, 20-3-60, 20-3-80)
South Carolina Divorce Grounds:
(A) On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-10)
South Carolina Property and Debt Division
In determining the appropriate property award the court will decide what is marital property and divided that property is an equitable fashion by considering the following factors: A. The length of the marriage. B. The age of the spouses. C. Marital fault or misconduct. D. The current value of the property. E. The contribution each spouse made to the acquisition of the property. F. The income of each spouse. G. The earning potential of each spouse. H. The health of each spouse. I. The need of each spouse. J. The separate property of each spouse. K. The retirement benefits of each spouse. L. The tax consequences. M. Expenses a debts of each spouse. N. The custody arrangement if children are involved. O. Any other relevant factors. (Code of Laws for South Carolina - Chapter 3; Sections 20-7-472, 20-7-473)
South Carolina Spousal Support, Maintenance, or Alimony:
In making an award of alimony the court will consider all of the following factors: (A) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties; (B) the physical and emotional condition of each spouse; (C) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse's income potential; (D) the employment history and earning potential of each spouse; (E) the standard of living established during the marriage; (F) the current and reasonably anticipated earnings of both spouses; (G) the current and reasonably anticipated expenses and needs of both spouses; (H) the marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action; (I) custody of the children (K) the tax consequences to each party as a result of the particular form of support awarded; (L) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and (M) such other factors the court considers relevant. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-120, 20-3-130, 20-3-140)
South Carolina Custody and Visitation:
In determining the best interests of the child, the court must consider the child's reasonable preference for custody. The court shall place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference. The court will also consider evidence of domestic violence, the current situation and nature of the divorce, and the religious faith of the parents. The court will not award custody based upon the gender of the parent. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-160, 20-7-100, 20-7-1520)
South Carolina Child Support:
The court shall consider the following factors which may be possible reasons for deviation from the guidelines: (A) educational expenses for the child or children or the spouse; (B) equitable distribution of property; (C) consumer debts; (D) families with more than six children; (E) unreimbursed extraordinary medical or dental expenses for the noncustodial or custodial parent; (F) mandatory deduction of retirement pensions and union fees; (G) support obligations for other dependents (I) monthly fixed payments imposed by a court or operation of law; (J) significant available income of the child or children; (K) substantial disparity of income in which the noncustodial parent's income is significantly less than the custodial parent's income; (L) alimony. (M) agreements reached between parties. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-160, 20-7-40, 20-7-100)
South Carolina Common Questions
How Do I Know if I Should File in South Carolina?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the South Carolina Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in South Carolina?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in South Carolina?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in South Carolina?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
South Carolina Divorce Forms
South Carolina Forms: Our question and answer technology will allow you to easily complete your South Carolina divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.South Carolina Divorce Forms List
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All Your Completed South Carolina Divorce Forms
Everything in Writing As Suggested by Lawyers & Judges
Easy to Follow Step-by-Step Filing Procedures
Instant Delivery & Editing Without the Wait
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Works With or Without Children
100% Court Approval Guarantee or Your Money Back
Real-Time Customer Ratings and Reviews
A total of 367 people have started their divorce through 3StepDivorceTM in the last 24 hours and 3146 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of South Carolina. An uncontested divorce in SC is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorceTM you will complete and print your divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in SC in a timely, professional, and hassle free fashion.The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in SC, learn more about getting your Separation Agreement or learn more about the basics of divorce in South Carolina.
3StepDivorceTM is a premium online divorce solution provided by 3 Step Solutions, LLC, a sister company of Divorce Source, Inc., the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
|A sister company of Divorce Source with over 750,000 forms processed since 1997.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
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