When both spouses are residents of the State when the action is filed, the claimant must have resided in this State for only three months before the action. When only one spouse resides in the State, the plaintiff must have resided in this State for at least a year before the start of the action or, if the applicant is a resident, the defendant must have resided in this State for this period. Paper is deposited in the Court of common pleas County whose spouse resides. [Based on the South Carolina code of laws section 20-3-30 and 20-3-60]
LEGAL GROUNDS FOR DIVORCE:Divorce can be granted only for the following reasons:
Adultery, desertion for a period of one year. Physical cruelty. Habitual drunkenness, including habitual drunkenness caused by the use of any narcotic drug. On the application of the parties, if and when the husband and wife have lived separate and apart without cohabitation for a period of one year.[Based on the South Carolina code of laws section 20-3-10]
LEGAL SEPARATION:In all actions of separate support and maintenance, legal separation or other civil litigation between the parties, allowance of food and seed money pendente lite and food and seed money shall be made in accordance with the principles of control such allowances and actions for divorce. [Based on the South Carolina code of laws section 20-3-140]
DISTRIBUTION OF PROPERTY:The Court shall make an equitable sharing between the parties in final of conjugal property of the parties upon request by the parties in memories. Each spouse has the right to keep its properties do not double, consisting of property that was:
Acquired before marriage. Acquired by gift or inheritance. Acquired in exchange for non-marital property. Has been gained due to an increase in the value of any non-marital property. Property being excluded from matrimonial property of the parties by written contact. In making the distribution, the Court must give weight in such proportion as is appropriate in all the following factors: the duration of the marriage with the age of the parties; Marital fault or the fault of one or both parties; The value of the marital property. The contribution of each spouse to the acquisition, preservation, depreciation or appreciation of the value of the marital property, including the contribution of a spouse as homemaker; provided, that the Court examine the quality of the contribution, as well as its factual existence; The income of each spouse, the earning potential of each spouse and the opportunity for the future of acquisition of fixed assets; Health, both physical and emotional, of each spouse; The needs of each spouse or spouses of additional education or training in order to achieve the potential income of the spouse; The matrimonial property of each spouse; The existence or nonexistence of the pension accrued for each spouse or both; If you have been awarded separate maintenance or alimony; The opportunity for designation of a family home as part of an equitable distribution and the right to live therein for reasonable periods for a spouse having custody of children; Tax implications of each or both part of any particular form of equitable distribution; The existence and extent of any support obligations, from a previous marriage or for any other reason or reasons, of the parties; Constraints, and any other encumbrances upon the marital property, which in turn must be evenly divided, or when the separate property of either party and any other existing debts incurred by the parties or either of them during the marriage; Child custody arrangements and obligations at the time of entry of the order; and other factors such as relevant, the Court must enumerate expressly in his order.[Based on the South Carolina code of laws section 20-7-472 and 473-7-20]
FOOD SUPPORT/MAINTENANCE/DOMESTIC:In case of divorce from bonds of matrimony and actions for separate maintenance and support, the Court may grant food or separate maintenance and support in such amounts and for such period as the Court considers appropriate in the circumstances of the parties and the nature of the case can be only, pending lite and permanently. No food may be assigned a spouse commits adultery before the first of these two events:
The formal signing of a written or a marital settlement agreement. voice of a standing order separate maintenance and support or a standing order for approval of a property or a civil settlement agreement between the parties. Under a separate award of alimony or maintenance and support, the Court must consider and give weight in such proportion that is adapted to all the following factors: the duration of the marriage. The age of each spouse, including the physical and emotional condition. The educational background of each spouse, along with the needs of each spouse to additional education or training in order to realize the potential income of the spouse. The history of employment and earning potential of each spouse. The standard of living established during the marriage. Current expenditure and reasonably foreseeable and the needs of both spouses. The marital property and non-marital partners, including those allocated to him or her in the divorce or separate maintenance action. Childcare, especially where conditions or circumstances make it appropriate that the guardian is not required to seek employment outside the home, or where employment must be limited in nature. Marital fault or the fault of one or both parties. The tax consequences to each part of a particular form of support granted. The existence and extent of any support obligation from a previous marriage or for any other reason of both parties. Other factors such as the Court considers relevant.[Based on the South Carolina code of laws section 20-3-130]
NAME OF SPOUSE:The Court, when granting of final judgment of divorce or separate maintenance order, may allow a party to resume a previous surname or last name of a former spouse. [Based on the South Carolina code of laws section 20-3-180]
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