[SC] What are my options for divorce?
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Marital dissolution and divorce in SC are used essentially interchangeably. Were you considering separation versus divorce?
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What does the law in South Carolina say about marital dissolution vs. divorce and the best option for a homemaker?
I understand that navigating marital dissolution and divorce can be quite complex. Have you already started the process, or are you considering your options?
Both
Are there any specific concerns you have regarding your financial situation or custody arrangements as a homemaker?
Yes. My spouse is the primary money maker and mishandles money. We have an 8-year-old child who is on the spectrum and I would like to divorce with sole custody and supervised visits for my spouse.
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with custody and financial issues.
Ok thanks.
Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, does your spouse agree to divorce?
Yes
Marital dissolution and divorce in SC are used essentially interchangeably. Were you considering separation versus divorce?
Why do you ask?
Because dissolution and divorce are treated the same way in SC, so there isn’t a difference between them really. So I wasn’t sure if you were seeking to end the marriage or just separate.
I would like to end the marriage. What does SC law require regarding this?
Do you want to file it as a fault-based or no-fault divorce? A no-fault divorce requires a one-year separation period in SC, which just means you’ve moved apart. A fault-based divorce requires 90 days.
What would you call fault-based?
Would emotional abuse, financial abuse. Would these be one?
The grounds in SC are: adultery, habitual drunkenness, drug use, cruelty, and desertion.
Ok. How is marital dissolution vs. divorce handled?
The first step would be the petition. You would then have to serve it to your spouse.
How would this connect with alimony? We have an 8-year-old child and I am a homemaker and the house is in my name.
With alimony, that is usually based on the difference in your incomes and the length of the marriage. How long have you been married?
13 years
That does mean you could request permanent alimony, which would usually continue unless you remarry.
OK. I’m not sure about all of my husband’s assets. What is the best way to handle the marital dissolution?
Have you been to any legal aid or local attorneys?
No I haven’t. Is this required?
It’s not, but it can be helpful since you don’t know his assets. You will both have to disclose all known assets.
I completed what I knew of using the eForms website online.
That is helpful for the forms. With the exchanging of information, that will come after you file.
What is the protocol for the marital dissolution?
Does a third person need to be there?
Apologies, what kind of third person? The dissolution would go before a judge. You could also use a mediator to negotiate the financial settlement.
When I print out the eForms paperwork, what do I do next?
It’s taken to your clerk of the court for the family court.
Do I file with my county clerk of court?
Yes, you should.
OK. Thanks for your information. Goodbye
You’re welcome.
