Hiring an attorney is better than trying to navigate through the divorce process on your own.
Although you are not required to have an attorney in South Carolina, it is not a good idea to attempt to handle your divorce by yourself. South Carolina may allow a marriage to be annulled if at least one of the following factors is met: *It is important to note that these factors are not “cut and dry.” Several additional factors and circumstances may be taken into account as to whether an annulment is granted.
If you start “dating” while you are still married, there is an argument for adultery against you.
This could work against you in terms of equitable division of assets, as it is a factor the court considers (see above).
*Parties may be able to obtain a divorce 90 days after the date of filing if ALL issues in the case have been resolved on a final basis.
It is always important to note that attorneys do not have control over the court docket scheduling.
For a no-fault divorce, the parties must have lived separate and apart without cohabitation (not just in another room) for over one year.
For a fault-based divorce, South Carolina recognizes (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion.
However, in South Carolina, you may file a Separate Support and Maintenance Action before you have a ground for divorce.The duration of your case depends on many factors and is specific to each case.In general, if the parties come to an agreement and settle all issues quickly, then typically your case will not last as long as it would if your case goes to trial. There are certain circumstances where you may be able to authorize your attorney to attend on your behalf, but in general you should be present in court.While many people believe that once they are separated from their spouse they are free to start dating again. You are still married to your spouse until the judge signs your divorce decree.On the same note, you are still married, so until you are divorced you cannot marry another person as it would constitute bigamy.If your spouse does not respond within that time period, then the case can proceed accordingly.*Process service is a very important part of the case so that all parties are given notice of the lawsuit.The main requirement for a Separate Support and Maintenance Action is that the parties are living separate and apart without cohabitation.For example, you may not have a fault-based grounds for divorce, but you and your spouse have been living separate and apart without cohabitation, but you have not reached the one-year bench mark as required in a no-fault divorce.The advice and knowledge of an attorney is crucial to protecting your interests in the future. South Carolina recognizes (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion.* Marital Fault is also a factor that may be taken into consideration in regards to equitable division of marital property and spousal support/alimony. (C) In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate to all of the following factors: (1) 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 or separate maintenance action between the parties; (2) the physical and emotional condition of each spouse; (3) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse’s income potential; (4) the employment history and earning potential of each spouse; (5) the standard of living established during the marriage; (6) the current and reasonably anticipated earnings of both spouses; (7) the current and reasonably anticipated expenses and needs of both spouses; (8) the marital and non-marital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action; (9) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature; (10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (11) the tax consequences to each party as a result of the particular form of support awarded; (12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and (13) such other factors the court considers relevant. You must request a name change in your pleadings to put the court on notice that it is an issue before the court. Family Court judges may exercise broad discretion in their decisions after considering the specific facts of a case and relevant law.*Desertion is rarely used as a ground for divorce since the parties must have lived separate and apart without cohabitation, just as is the requirement for a no-fault one year separation divorce. The court may or may not award spousal support/alimony to a party after taking the following factors into consideration. At the time of divorce, you must testify under oath that you are requesting a name change for personal reasons and answer a series of questions that verify that you are not changing your name to avoid criminal charges, bankruptcy, a sex offender registry, etc. Annulments essentially deem the marriage void as if the marriage never happened, whereas a divorce ends a legally valid marriage.