[SC] What are the requirements for getting a fault-based divorce with sole custody and alimony?

SC Family Law

Liz

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In South Carolina, dissolution and divorce are synonymous. The first step would be filing a petition. You would then need to serve it on your spouse. Alimony is usually based on the difference in incomes and the length of the marriage. That length of marriage means you could request permanent alimony, which usually continues unless you remarry.

The grounds in South Carolina are adultery, habitual drunkenness, drug use, cruelty, and desertion (SC Code § 20-3-10). Emotional and financial abuse are not specifically listed, but cruelty can sometimes apply depending on the circumstances.

South Carolina Marital Settlement (Divorce) Agreement

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What does the law in South Carolina say about marital dissolution vs. divorce, and what is the best option for a homemaker?

Lexi, Chatbot

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.

Lexi, Chatbot

Are there any specific concerns you have regarding your financial situation or custody arrangements as a homemaker?

Yes. My spouse is the primary income earner and mishandles money. We have an 8-year-old child who is on the spectrum, and I would like to divorce with sole custody, with supervised visits for my spouse.

Lexi, Chatbot

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.

Liz

Hi there! My name is Liz, and I’ve been an attorney for more than a decade. I’m here to assist with your legal concerns. So I can best help—does your spouse agree to divorce?

Yes.

Liz

Were you considering separation versus divorce?

Why do you ask?

Liz

Because dissolution and divorce are treated the same way in South Carolina, so there isn’t really a difference between them.

Liz

I wasn’t sure if you were seeking to end the marriage or just separate.

I would like to end the marriage. What does South Carolina law require regarding this?

Liz

Do you want to file as a fault-based or no-fault divorce? A no-fault divorce requires a one-year separation period in South Carolina, which means you’ve moved apart. A fault-based divorce requires 90 days. How long have you been married?

13 years.

What would be considered fault-based? Would emotional abuse or financial abuse count?

How is marital dissolution vs. divorce handled? How does this connect with alimony? We have an 8-year-old child, I am a homemaker, and the house is in my name.

Liz

Ok. I’m not sure about all of my husband’s assets. What is the best way to handle the marital dissolution?

Liz

Have you been to any legal aid organizations or local attorneys?

No, I haven’t. Is that required?

Liz

It’s not required, but it can be helpful since you don’t know all of his assets. Both of you will be required to disclose all known assets.

I completed what I knew using the eForms website online.

Liz

That’s helpful for the forms. The exchange of financial information will happen after you file.

What is the protocol for the marital dissolution? Does a third person need to be there?

Liz

Apologies—what kind of third person? The dissolution will go before a judge. You can also use a mediator to negotiate the financial settlement.

When I print out the eForms paperwork, what do I do next?

Liz

You take it to the clerk of court for family court.

Do I file with my county clerk of court?

Liz

Yes, you should.

Ok. Thanks for your information. Goodbye.

Liz

You're welcome.

Liz

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