Steps to Take to File a Divorce in SC

If you have decided to file for divorce in South Carolina, you may have already taken the most difficult step. It takes considerable bravery to end a marriage, and you may have thought long and hard about the decision for months or even years. But what are the next steps in the actual legal process? Can a South Carolina divorce lawyer help you navigate this process with confidence and efficiency?

Ensure You Meet South Carolina’s Residency Requirements for Divorce

Like many states, South Carolina has residency requirements for those who wish to file for divorce. This means that you may need to spend a certain amount of time in the state before moving forward with your divorce. It makes sense to check whether you meet these requirements before thinking about the actual filing stage.

In South Carolina, you must live in the state for at least one year before filing for divorce. However, this requirement drops to just three months if both you and your spouse live in South Carolina. If you recently moved to South Carolina after your breakup, you might need to wait a few months.

Navigate the Waiting Period

You also need to consider South Carolina’s one-year, mandatory separation period for divorcing spouses. To file for a no-fault divorce, you must live apart from your ex for at least one year. This means that the sooner one of you moves out of the family home, the sooner you can proceed with your divorce.

While waiting a year to move on with your life might seem challenging, you can use this opportunity to think things over and prepare for your divorce. Many spouses choose to reconcile during this “cooling-off” period. You might also meet with a divorce lawyer and begin to strategize for the divorce process ahead.

Unlike many other states, South Carolina also gives you the option to file for a fault-based divorce. With this approach, you’ll accuse your ex of some kind of misconduct that caused the divorce. Examples include adultery, cruelty, substance abuse, and desertion. If you choose this option, you’ll only need to wait 90 days before proceeding with your divorce. However, proving misconduct can also be more complex from a legal perspective, and no-fault divorces are quite popular.

File the Divorce Papers

Filing your divorce papers should be relatively straightforward, and your lawyer can guide you through this process. If you choose a no-fault divorce, it doesn’t really matter who files first. If you choose a fault-based divorce, however, it might be beneficial to file before your ex has a chance.

Can a South Carolina Divorce Lawyer Help Me?

If you’re ready to file for divorce, a South Carolina divorce lawyer may be able to help. While this process may seem daunting at first, it could be far easier than you realize with legal assistance. Each divorce is slightly different, and you may need to consider the unique aspects of your specific situation. Discuss your divorce in more detail by contacting Martin Murphy Law, LLC at 843-809-0232, or visit us online.