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South Carolina: Divorce Lawyers
Please select a city to find local South Carolina Divorce lawyers.
Divorce Lawyers in Common South Carolina Cities
- Fort Mill
- Fountain Inn
- Goose Creek
- Hilton Head Island
- Moncks Corner
- Mount Pleasant
- Myrtle Beach
- North Augusta
- North Charleston
- North Myrtle Beach
- Pawleys Island
- Rock Hill
- West Columbia
- All South Carolina Cities »
Common South Carolina Counties
- Aiken County, SC
- Anderson County, SC
- Beaufort County, SC
- Berkeley County, SC
- Charleston County, SC
- Cherokee County, SC
- Darlington County, SC
- Dorchester County, SC
- Florence County, SC
- Georgetown County, SC
- Greenville County, SC
- Greenwood County, SC
- Horry County, SC
- Kershaw County, SC
- Lancaster County, SC
- Laurens County, SC
- Lexington County, SC
- Oconee County, SC
- Orangeburg County, SC
- Pickens County, SC
- Richland County, SC
- Spartanburg County, SC
- Sumter County, SC
- York County, SC
- All South Carolina Counties »
Getting a divorce can have serious, long-term effects, both emotionally and legally. There are also strict legal requirements that cover everything from choosing a method of legal separation to selecting where and how to file, to deciding how the property should be divided. The divorce process can be confusing, especially without legal assistance. FindLaw's directory can connect you with trusted divorce lawyers in South Carolina to guide you through the divorce process and minimize the stress you experience during this difficult time.
What Is the Difference Between Divorce and Separation?
There are several distinctions between divorce and separation.
First, legal separation may be a court-mandated step of the divorce process, with some states requiring that potential divorcees spend some time living apart in a form of legal separation before proceeding to formal divorce.
Outside of this requirement, legal separation is reversible, while divorce is not. Once you have been declared divorced from a former spouse, there is no going back. Legally separated spouses retain the right to inherit property as well, and may not remarry (as they are still considered married, despite separation).
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Do You Have to Have a Reason for Divorce?
A no-fault divorce allows a court to enter a divorce decree without one party having to legally prove the other party did something wrong in the marriage. Instead, one spouse may simply allege that the marriage has broken down and there's no reasonable hope it can be preserved, and a divorce can be granted with or without the other spouse's consent. Every state in the United States, including South Carolina allow "no-fault" divorce, though the requirements to apply for and obtain such a divorce can vary by jurisdiction.
Steps in a Divorce or Divorce Proceedings
Though divorce is quite common, those who are filing for divorce for the first time may not be familiar with the process.
The first step in divorce proceedings is for one spouse to file the divorce petition, the contents of which — as well as the general eligibility to file in the first place — may be dictated at the state level. Broadly speaking, the divorce petition must contain an affirmation that the filing spouse is eligible to make a legal divorce petition, the grounds for the divorce and any other particulars required by each jurisdiction.
Next is requesting any temporary orders concerning custody (legal or physical) and any necessary economic or housing support that is applicable during the divorce proceedings. Status quo orders concerning payments of financial support monies, property restraining orders protecting a shared estate from being looted by one partner or another prior to the split, and other such temporary orders may be requested by the filing spouse and judged in court.
The filing spouse must serve papers to the receiving spouse, along with proof of having done so. Once that's happened, it is the receiving spouse's responsibility to respond, including any disputes (particularly in the case of a fault divorce, versus a no-fault divorce) within a timely manner.
Any negotiations or settlements that can be laid to rest before a trial are then typically worked out, particularly when both sides have retained legal counsel. A trial ensues over the remainder of the disputed items if necessary, and then a judgment is rendered.