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RESIDENCY REQUIREMENTS:

In order to file for Divorce in South Carolina either you or your spouse must have resided in South Carolina for a certain period of time. Only one of the following must be true:

(1) you have lived in South Carolina for at least one year;

(2) your spouse has lived in South Carolina for at least one year (and you live outside the State of South Carolina); or

(3) you and your spouse both live in South Carolina and you have lived in South Carolina for at least three months (before filing your divorce case.)

GROUNDS

No-fault:

The parties having lived separate and apart without cohabitation for a period of one year or longer.

CHILD CUSTODY

The court will award joint or sole custody in accordance with the best interests of the child. Joint legal custody gives both parents the right to contribute to the decision-making process concerning the child's development and well-being. You can have joint legal custody and still have one parent as the primary residential parent with the other parent having a parenting time schedule. Joint legal and joint physical custody is when both parents have joint legal custody and the child or children reside equally with each parent.

CHILD SUPPORT

South Carolina’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parents’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. Child support will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.

DIVORCE IN SC WITHOUT A LAWYER

A lawyer is not required for you to obtain a divorce in South Carolina. Divorces obtained without an attorney in South Carolina are called a Pro Se divorces, a Latin term meaning on his or her own. How to get a divorce without a lawyer will vary by state. Pro Se divorces in South Carolina are cost effective and are legal and enforceable. These divorces are generally filed when a mutual divorce settlement has been reached regarding division of property or custody matters.

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