Divorce is always an emotional and difficult process for everyone involved, but it’s important to bear in mind that, as far as the state is concerned, divorce is a legal issue that requires jumping through all the right hoops and filling out all the right paperwork, regardless of how you feel or what you and your family are going through. That’s why having a Lowcountry, SC divorce lawyer is such a big help in getting you through this process as smoothly and quickly as possible under the circumstances.
The first step to the process should be contacting a lawyer. A qualified divorce lawyer with plenty of experience will be able to help you make all the right decisions from the beginning so that things go smoothly, assets are divided fairly, your children are protected, and you fulfill all the legal requirements the first time and don’t have to go back and repeat painful decisions and conversations.
A lawyer will also protect you in all negotiations with your ex, so there’s no chance you will lose out on something you are owed when it comes to the division of your assets. Your lawyer can also help you keep focused on the future so you make decisions that are in your long-term best interest. This can be very difficult during the emotional upheaval of a divorce and is one of the most valuable services your lawyer will provide you.
If you anticipate a contentious divorce, or if you have many assets or a violent spouse, it can be especially important to connect with a lawyer before you actually say anything to your spouse or start the process of divorce. Your lawyer can help you understand the best way to protect you and your children and can give you advice on how to position yourself financially before you make the announcement.
Before you can file for divorce, make sure you qualify to do so here in the state. If you and your spouse are hoping for the simplest type of divorce, known as a “no-fault divorce,” You will have to be able to show that you have lived separate and apart for an entire year and have not had sex during that time. Unlike in some states, living “separate and apart” means you must have completely different residences. It’s not enough to show that you’ve moved into separate rooms within the same home.
If you are filing for a fault divorce, you’ll need to be able to back up your claim that your spouse has committed adultery, has physically abused you, has a substance abuse problem, or has deserted you for a year or more. In most cases, fault-based divorces get contested by the other spouse, so it’s important to have the evidence necessary to prove all this.
Finally, you have to meet the residency requirements. If you and your spouse are both South Carolina residents, you both must be able to show that you have lived here for at least three months. If either one of you is not a South Carolina resident, the spouse who is must have lived here for at least a year before you’re eligible to file for divorce in SC. Bear in mind that if you and your spouse have only lived here for three months, you’re not allowed to deal with any child custody issues in the divorce unless the child has lived with one of you in South Carolina for at least six months (or since birth).
If you want to file for a no-fault, uncontested divorce, which is the simplest and cheapest way to go about it, you and your spouse are going to have to agree on how to divide your property and debts, or you must have no property or debts to agree about. If you have minor children, you have to have reached an agreement about custody, visitation, and child support that follows all state laws.
In most cases, it’s going to be best to work with a lawyer who can help you to talk with your spouse and their lawyer to hash out these agreements, making sure they are in your best interests and will be acceptable to the court. Your lawyer will also help you source and properly fill out and file all the forms associated with this type of divorce and the required agreements.
In a contested divorce especially, having a lawyer is absolutely critical. There are not only many forms to fill out, but you’ll need to step through a lot of hoops to do everything, legally. The person filing for divorce is known as the “plaintiff,” and you will need to properly notify the “defendant” (your spouse) once you have filed with the court. At a minimum, you will need to file a complaint for divorce, summons for divorce, the family court cover sheet, your financial declaration, and a certificate of exemption.
You will file these papers with the country clerk of the Family Court in the county where your spouse lives or where the two of you last lived as a married couple. Once these are filed, you have to officially “serve” your spouse with a copy of all the forms. If your spouse agrees to receive these from you without causing any trouble, you can ask them to sign a form and then you’ll file them with the court. If your spouse intends to contest the divorce or is otherwise being uncooperative, it’s usually best to have the sheriff or a process server officially and legally serve them with the papers.
In the rare cases where you are unable to find your spouse, you would need to proceed by publishing a notice of your divorce in the local paper. You will also have to send the papers to the last known address you have for your spouse. If you can’t find them, and they don’t respond, you would typically be awarded a divorce after enought time has passed without any response on their part.
Once your spouse has been served, they need to respond within 30 days. In an uncontested divorce, all they have to do is check off some boxes on the form, and this allows you to request a divorce hearing. If they do answer with a counter petition, your lawyer will help you to deal with that. If they don’t respond at all within 30 days, you can go ahead and request a hearing at that point.
Once you have requested a hearing, you’ll be sent notice of the date for the hearing, and you have to mail a copy of this to your spouse via certified mail, with a request for a return receipt.
At this point, you have begun the process of divorce, and what happens next will depend on your specific circumstances and the reaction of your spouse.
Contact the experienced lawyers at Ballinger Law Firm today & schedule your free consultation. We proudly serve Mt Pleasant & all throughout South Carolina. Visit our law office at:
Ballinger Law Firm – Mt Pleasant
858 W Lowcountry Blvd,
Mt Pleasant, SC 29464, United States
Phone: (843) 412 9507
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