Getting a divorce in South Carolina is not as easy as in some States.  South Carolina requires valid grounds for divorce and most people will need a South Carolina Divorce Attorney to help with the process.  If there is any property or children involved in the divorce, an order from the Family Court establishing everyone's rights is critical to ensure a smooth transition.  In South Carolina you must go before a judge in order to get divorced. 

South Carolina Family Law Issues:
1. You must be legally separated for a period of 1 year if there are no fault based reasons for the divorce.
2. You or your ex must be a resident of South Carolina.
3. You need to be prepared to fill out a financial affidavit.

Other South Carolina Fault Based Divorce Issues to Consider:

1. Adultery-  this is one of the most common issues raised for a divorce.  You must be able to present more than just your belief that your spouse is cheating on you.  The best evidence is from a private investigator or from the so called paramour. 
   
2. Habitual Drunkenness-  this allegation is also common in South Carolina.  A spouse who cannot maintain themselves either through alcohol or drug abuse will be faced with some serious questions from a South  Carolina Family Court Judge. Evidence of this will come through either drug tests by the court or from testimony of witnesses regarding the spouses problem.
3. Desertion- the leaving of one's spouse.  If your spouse has split town and is no long in the State of South Carolina, you may have a great angle to get your divorce.  This is also a fault based divorce in South Carolina.
4. Physical Cruelty- this is the worst situation.  This usually involves the arrest of one spouse.  This is also a situation that needs immediate attention in order to protect the well being of our client.  Domestic Violence in South Carolina between spouses is not an uncommon event, but it is not reported as much as it occurs.
   

Where to File Your South Carolina Divorce:

1. Where the defendant resides at the time of filing the action
2. Where the plaintiff resides if defendant is non-resident or after due diligence cannot be found
3. Where the plaintiff and defendant last resided has husband and wife, unless plaintiff is a nonresident of South Carolina. Then it shifts to the county where the defendant resides.
   

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Other Questions about Getting Divorced in South Carolina:

• Can I get an ANNULMENT in South Carolina- there are several grounds that allow for an annulment in South Carolina.  The following provide a basis for an annulment in South Carolina:  bigamy, incest, duress, fraud or no sexual intercourse between the spouses.  It is extremely hard to get an annulment in South Carolina.

• Will I have to pay my Spouse During the litigation of the case?  Many times the answer is yes.  A South Carolina Family Court Judge can order what is referred to as support during the divorce.  If the divorce is a no fault divorce, you must wait 1 full year for the court to enter a final order on the divorce.  During this time you or your spouse made be order to provide money or any type of support that that the family court deems appropriate.

• Must I show a fault based reason to get a divorce in South Carolina? No, the most common way to file for divorce in South Carolina is based on a separation of the spouses for a period of 1 year.  This means that the parties must not live together, have sexual interaction, or act as husband and wife for a period of 365 days.  Many times a separation agreement is entered by the parties and the date of separation is provided.
• Will I have to pay support to a spouse who has committed adultery?  Typically a party may not have to pay support in the form of alimony if there is proof of adultery prior to the entry of an order of separation or the signing of a separation agreement.  This is the one instance in South Carolina divorce law that provides for a reason to not pay alimony.
  

South Carolina is very unique when it comes to divorces.  South Carolina divorce attorneys must be able to advise their client about the relative basis available for filing a divorce in South Carolina.  Our Divorce lawyers in Myrtle Beach are available to discuss your case and we also have divorce lawyers in Conway.

You may speak with a South Carolina divorce lawyer at our office at 843-839-2900 if you have any questions about your divorce.  Our family law lawyers in Myrtle Beach travel to other jurisdictions to handle these type of family law cases. 

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Our Law Firm in Myrtle Beach provides divorce attorneys and Family Law Attorneys in Myrtle Beach, Charleston, Georgetown, Surfside, North Myrtle Beach, Columbia, Valdosta, Conway, Miami and Miami Beach.