South Carolina’s marital property laws are, like the majority of states, equitable distribution laws. Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.
Moreover, how long does it take to get a divorce in South Carolina?
At a minimum, it will take one year from the date you and your spouse separated before your divorce can be finalized. Remember, once you file for divorce, it can take months for a final hearing to be scheduled and for your divorce to be final.
Moreover, how long do you have to be separated in South Carolina to get a divorce?
Who gets the house in SC divorce?
If the marital estate is large enough, then the court can award the house and its equity to one spouse while the other makes up for it by receiving other assets. Family court judges have a ton of discretion in making their decisions.
Can you be separated and live in the same house in SC?
In South Carolina, the only way to obtain a no-fault divorce is to live separately for one year. Living separately occurs when spouses live in two different locations. Living in different bedrooms in the same house does not qualify as living separately.
Can you date while separated in SC?
Can I Date While I Am Separated in South Carolina? There is no law that specifically states that you may not date another person while you are separated.
What are grounds for divorce in South Carolina?
There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina.
How is alimony calculated in SC?
There is no mathematical equation that judges use to calculate alimony in SC, and, unlike child support, there are no formal guidelines for calculating alimony.
Who pays attorney fees in divorce?
In most divorce cases, each party is responsible for paying their own attorney’s fees. In an at-fault divorce, the at-fault party will not be ordered to pay the fees of the other party simply as punishment for cheating or other marital misconduct.
Can I get a divorce without going to court?
If you and your spouse are willing to resolve your differences reasonably and want to divorce without going to court, a Collaborative Law divorce might be a good option. In a Collaborative Law divorce, attorneys trained in both Divorce Mediation and Collaborative Law will guide you through the entire process.
How much is child support in SC?
The South Carolina guidelines establish a basic child support obligation average between $793 to $1628. This range applies to parents of one to six children. For example, a non-custodial parent of three children earns $3,000 a month. The custodial parent of all three children earns $1,500 per month.