What Is a No-Fault Divorce, When Did It Start and Why It Can Be Bad
Table of Contents
- South Carolina Divorce Records
- What Are the Residency Requirements for Divorce in South Carolina?
- What Are the Grounds for Divorce in South Carolina?
- How Much Does It Cost to File for Divorce in South Carolina?
- How Long Is the Waiting Period for Divorce in South Carolina?
- How To File for Divorce in South Carolina?
- Are Divorce Records Public in South Carolina?
- How To Get Certified Copies of a Divorce Decree in South Carolina?
- Divorce Settlement: Is South Carolina a 50/50 State?
- FAQs about the Divorce Process in South Carolina
South Carolina Divorce Records
As of 2021, South Carolina recorded a divorce rate of 2.4 per 1,000 residents, marking a significant 45% decline since 1990. According to Census Bureau data from the same year, 10.5% of South Carolinians aged 15 and older were divorced. Divorce rates were notably higher among men and women over 45, with men aged 55–64 experiencing the highest rate at 16.9%, and women in the same age group peaking at 19.3%.
In South Carolina, divorce records may be obtained as:
- Divorce Decrees: These records contain detailed court orders about the finalization of the divorce. These orders include rulings on alimony, child custody, property division, and child support arrangements
- Divorce Reports: These contain summaries of the divorce, such as the name of the divorced parties, divorce date, and the county where the divorce was finalized
- Divorce Case Files: These are records or documents generated in the court relating to divorce proceedings, such as petitions, motions, and transcripts.
South Carolina divorce decrees and divorce case files are maintained by the clerk of the court in the county where the divorce was granted. Divorce reports, also called divorce certificates, are maintained by the Vital Records Office of the South Carolina Department of Health and Environmental Control.
What Are the Residency Requirements for Divorce in South Carolina?
South Carolina requires that if both spouses reside in the state, then one of them must have lived in South Carolina for a minimum of three months before filing for divorce. If only one spouse resides in South Carolina, the filing spouse must have resided in South Carolina for a minimum of one year before filing. Note that the residency period must be continuous, meaning that the spouse must have resided in South Carolina without interruption for the required time.
What Are the Grounds for Divorce in South Carolina?
Both fault-based and no-fault grounds are allowed for divorce in South Carolina. Fault-based grounds include:
- Adultery: Here, one spouse engages in sexual relations with someone other than their spouse
- Physical Cruelty: This involves the physical abuse or violence that endangers the life, safety, or health of the other spouse
- Habitual Drunkenness or Drug Use: Ongoing abuse of alcohol or drugs that impacts the marriage and living conditions
- Desertion: This is the willful abandonment by one spouse for a continuous period of at least one year
To file for divorce on a no-fault ground, no proof of wrongdoing is required. This happens when both spouses decide to end their marriage relationship due to irreconcilable differences or falling out of love.
How Much Does It Cost to File for Divorce in South Carolina?
Although it costs about $150 to file for divorce in South Carolina, the total cost of a divorce in the state is about $12,600 on average. This is comparable to the $12,900 average cost of divorce in the United States. The average cost of divorce in neighboring Georgia and North Carolina also exceeds $10,000.
Beyond filing fees, other expenses that may influence the total cost of a divorce include:
- Attorney fees
- Service of process fees
- Motion filing fees
- Mediation costs
- Parenting classes
- Expert witness fees
How Long Is the Waiting Period for Divorce in South Carolina?
South Carolina has a mandatory separation period for certain types of divorces, but no formal "cooling-off period" applies to divorce filings. The waiting period is a designated period after filing during which the divorce cannot be finalized, while the separation period is a mandated time during which the couple must live apart before filing or finalizing the divorce.
For a no-fault divorce, South Carolina requires the couple to live separately and apart for one year without cohabitation before filing or finalizing the divorce. No separation period is required for fault-based divorces. Also, no waiting period is required for divorces in South Carolina.
How To File for Divorce in South Carolina?
You may follow these steps to file for divorce in South Carolina:
- Complete the appropriate Divorce Forms: Obtain the appropriate forms from the Clerk of Court or online from the South Carolina Judicial Branch Self-Help Center. Commonly required forms include:
- Summons
- Complaint for Divorce
- Financial Declaration (required for all divorce cases)
- Certificate of Exemption
- Child Support Guidelines Worksheet (if children are involved)
- The family court worksheet
- File the forms: File the completed forms with the family court clerk in the county where either spouse resides. Before that make three copies of the forms. At the clerk's office, you will be required to pay the filing fee of $150 (fee waivers may be available for low-income filers).
- Serve Divorce Papers: Legally notify your spouse by serving the filed documents. You will need to file a Proof of Service form with the court.
- Respondent's Answer: The served spouse (respondent) has 30 days to file a response.
- Uncontested Divorce: If the respondent agrees to all terms, no formal answer may be needed.
- Contested Divorce: If the respondent disputes any terms, they must file an Answer and Counterclaim to outline disagreements.
- Temporary Hearing (if needed): Request a temporary hearing to establish orders for child custody, child support, and spousal support.
- Negotiate or Mediate Disputes (for Contested Divorces): The court may require mediation to resolve disputes over custody, property, or support.
- Final Hearing:
- Uncontested Divorce: Attend a brief hearing where the judge reviews the agreement and issues the final divorce decree.
- Contested Divorce: Attend a trial where both parties present evidence and arguments. The judge will decide on unresolved issues and issue the divorce decree
Are Divorce Records Public in South Carolina?
Most sections of South Carolina's divorce records are public. These public sections include court filings, pleadings, motions, the name of the divorcing parties, the date of the divorce, and the location of the divorce. However, some divorce records or portions of the records are sealed for privacy reasons.
How To Get Certified Copies of a Divorce Decree in South Carolina?
Divorce decrees are available at the family court where the divorce cases were finalized. Hence, once you identify the court where a divorce case was concluded, visit or contact the clerk of the court to submit a request for the divorce decree. Note that you may be required to provide an acceptable ID and pay appropriate copy fees.
Due to the sensitive nature of divorce decrees, they are typically only accessible to the parties in the divorce, their legal representatives, and individuals with a court order granting access.
Be aware that divorce reports are not the same as divorce decrees. Divorce reports are obtainable from the Vital Records Office of the South Carolina Department of Health and Environmental Control.
Divorce Settlement: Is South Carolina a 50/50 State?
No, South Carolina is not a 50/50 state. A 50/50 divorce state is also called a community property state, where marital property is divided 50/50 between the spouses after divorce. South Carolina is an equitable distribution state where marital property is distributed fairly and equitably, which may not necessarily be an equal distribution.
According to Section 63-3-620(B) of the South Carolina Code Annotated, South Carolina judges consider 15 factors in determining the equitable distribution of marital property. These factors include:
- The duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce
- The marital misconduct or fault of either or both parties
- The value of the marital property
- The income of each spouse, the earning potential of spouses, and the opportunity for future acquisition of capital assets
- The nonmarital property of each spouse
- The health, both physical and emotional, of each spouse
FAQs about the Divorce Process in South Carolina
Here are answers to frequently asked questions about the divorce process in South Carolina.
How Do I Modify a Divorce Decree in South Carolina?
To modify a divorce decree in South Carolina, you must file a Motion to Modify with the family court that issued the original decree, detailing reasons and providing supporting documentation. Next, serve the other party with the motion and documents filed with the court. At a scheduled court hearing, both divorcing parties must present their arguments and evidence. After, the judge will evaluate if a substantial change in circumstances justifies the modification. If approved, a new court order will replace the relevant provisions in the original decree.
How Do I Enforce a Divorce Decree in South Carolina?
To enforce a divorce decree in South Carolina, you must submit a rule to show cause motion to the family court that issued the original decree. This motion requires the other party to explain the reasons behind their non-compliance with the court order.
The court will review the evidence presented in the case at a scheduled hearing and decide. If the court finds the party in violation, it may hold them in contempt of court and impose fines or order them to pay legal fees. The court may also order wage garnishment or intercept tax refunds to recover unpaid support.
Some conditions that may warrant the enforcement of divorce decree include non-payment of financial obligations, violation of custody or parenting time orders, and non-compliance with property division orders.
What Are the Restrictions to a Divorce Decree in South Carolina?
Alimony, child custody parenting time, and child support are modifiable under Section 63-17-310 of the South Carolina Code. However, for this to happen, there must be a substantial change in circumstances that affect the best interest of the child. A substantial change may be a job loss, disability, significant increase or reduction in a parent's income, or an increase in the medical or education needs of the child.
Usually, property division orders in the divorce decree are not modifiable. However, exceptions may exist for cases involving fraud, hidden assets, or mutual agreement between parties.
Can I Efile My Divorce in South Carolina?
Yes, South Carolina offers e-filing services for divorce cases in counties where the eFile system has been implemented. Attorneys representing clients in divorce cases are required to use the eFile system in counties where it is available. However, individuals representing themselves may choose to e-file their documents where the system is available. Therefore filing for divorce cases in South Carolina is optional and not mandatory.
How Do You Serve Divorce Papers in South Carolina?
You can serve divorce papers to your spouse using a process server, certified mail (restricted delivery, return receipt requested), a sheriff's office, or any individual over the age of 18 who is not involved in the case. If your spouse cannot be located or served personally, you may request court approval to publish a notice of the divorce in a local newspaper and send the documents to your spouse's last known address.
Does South Carolina Mandate Couples to Participate in Divorce Mediation or Counselling?
In South Carolina, mediation is required for most family court cases, including those involving divorce and child custody, under Rule 3 of the South Carolina Alternative Dispute Resolution Rules (SCADR). This requirement means that contested divorce or custody cases must go through mediation to attempt resolution before advancing to the circuit court.
How Do I Seal My Divorce Records in South Carolina?
Under certain circumstances, you can request to have your divorce records sealed to protect sensitive or private information. Sealing records means restricting access to the public, making them viewable only by authorized parties.
However, divorce cases are not sealed just because a party to the divorce wants it sealed. First, the individual must file a motion to seal a divorce record with the family court detailing their reasons for wanting the record sealed. The court will schedule a hearing where the individual must attend and provide supporting evidence for the sealing of the record.
After, the judge will weigh the privacy concerns against the public's right to access court documents. If approved, the judge will issue an order sealing the entire record or specific parts of it. Once the record is sealed, it is only accessible to parties involved in the divorce, their legal representatives, and court-approved agencies or persons with a legitimate interest.
Note that in rare cases, the court may seal an entire divorce record if compelling privacy or safety concerns exist. However, only specific parts of the records are more commonly sealed. Sealed portions typically include financial information, identities of minors, health and medical records, domestic violence details, and other sensitive information.
How Does South Carolina Calculate Alimony?
The calculation of alimony in South Carolina is influenced by multiple factors and is typically up to the judge's discretion. Adding to the complexity, South Carolina recognizes several distinct types of alimony. The provisions for these types, along with the criteria courts consider in each case, are detailed in South Carolina Code Ann. § 20-3-130.
Usually, in making a determination on the alimony, the judge will consider factors such as the age of both parties, their current incomes, health, work history, duration of the marriage, the standard of living, and the ability to generate independent income.
Alimony in South Carolina may be terminated if the recipient remarries, cohabits with another person in a romantic relationship, or either party passes away. It may be modified if there is a substantial change in circumstance, such as job loss significant income changes, and changes in health or financial needs.
How Do I Access Historic Divorce Records in South Carolina?
Certified copies of the divorce reports are available from the South Carolina Division of Public Health for divorces that were decreed from July 1962. You may apply for a report of divorce from the division online, by phone, in person, or by mail. It costs between $12 and $30 to obtain a copy of a divorce report depending on the service option chosen.
Alternatively, you may request older divorce records from the clerk of the family court where the cases were finalized or the South Carolina Department of Archives and History.
South Carolina divorce records may be requested for genealogy research, legal or financial documentation, and proof of marital status.
