[SC] What are my options for divorce?
What does the law in South Carolina say about marital dissolution vs. divorce and the best option for a homemaker?
38
15
Solved
Marital dissolution and divorce in SC are used essentially interchangeably. Were you considering separation versus divorce?
0
Marital Separation Agreement
Create Document
Full Conversation
What does the law in South Carolina say about marital dissolution vs. divorce and the best option for a homemaker?
Lexi, Chatbot
I understand that navigating marital dissolution and divorce can be quite complex. Have you already started the process, or are you considering your options?
Both
Lexi, Chatbot
Are there any specific concerns you have regarding your financial situation or custody arrangements as a homemaker?
Yes. My spouse is the primary money maker and mishandles money. We have an 8-year-old child who is on the spectrum and I would like to divorce with sole custody and supervised visits for my spouse.
Lexi, Chatbot
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with custody and financial issues.
Ok thanks.
Elizabeth
Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, does your spouse agree to divorce?
Yes
Elizabeth
Marital dissolution and divorce in SC are used essentially interchangeably. Were you considering separation versus divorce?
Why do you ask?
Elizabeth
Because dissolution and divorce are treated the same way in SC, so there isn’t a difference between them really. So I wasn’t sure if you were seeking to end the marriage or just separate.
I would like to end the marriage. What does SC law require regarding this?
Elizabeth
Do you want to file it as a fault-based or no-fault divorce? A no-fault divorce requires a one-year separation period in SC, which just means you’ve moved apart. A fault-based divorce requires 90 days.
What would you call fault-based?
Would emotional abuse, financial abuse. Would these be one?
Elizabeth
The grounds in SC are: adultery, habitual drunkenness, drug use, cruelty, and desertion.
Ok. How is marital dissolution vs. divorce handled?
Elizabeth
The first step would be the petition. You would then have to serve it to your spouse.
How would this connect with alimony? We have an 8-year-old child and I am a homemaker and the house is in my name.
Elizabeth
With alimony, that is usually based on the difference in your incomes and the length of the marriage. How long have you been married?
13 years
Elizabeth
That does mean you could request permanent alimony, which would usually continue unless you remarry.
OK. I’m not sure about all of my husband’s assets. What is the best way to handle the marital dissolution?
Elizabeth
Have you been to any legal aid or local attorneys?
No I haven’t. Is this required?
Elizabeth
It’s not, but it can be helpful since you don’t know his assets. You will both have to disclose all known assets.
I completed what I knew of using the eForms website online.
Elizabeth
That is helpful for the forms. With the exchanging of information, that will come after you file.
What is the protocol for the marital dissolution?
Does a third person need to be there?
Elizabeth
Apologies, what kind of third person? The dissolution would go before a judge. You could also use a mediator to negotiate the financial settlement.
When I print out the eForms paperwork, what do I do next?
Elizabeth
It’s taken to your clerk of the court for the family court.
Do I file with my county clerk of court?
Elizabeth
Yes, you should.
OK. Thanks for your information. Goodbye
Elizabeth
You’re welcome.
Elizabeth
40,904 satisfied customers
5 lawyers online now
9
3
Answered 4 days ago
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.
