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South Carolina Divorce Law

Divorce Laws in South Carolina

According to South Carolina divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires a showing that the spouses have been living separate and apart for at least 1 year. Fault grounds can include, but is not limited to, adultery, willful desertion abandonment and physical abuse. Additionally, the spouse filing for a divorce in SC must have been a resident in the state of South Carolina for three months prior.

Alimony & Equitable Distribution in South Carolina

South Carolina is known as an equitable distribution state. According to the divorce laws in South Carolina this means that the marital property must be divided fairly or equitably and without regard to marital fault. Separate property, or property owned prior to the marriage, shall be retained by the owning spouse.

Alimony can be awarded to either the husband or wife. Such factors as the length of the marriage, the partiesí prior living standard, etc. are considered in determining the amount and duration that should be paid. Any spouse who commits adultery may not be awarded alimony.

South Carolina Child Support, Child Visitation and Child Custody

There are five factors that are considered in determining child custody, according to South Carolina divorce law. For example, the best interest of the children with regard to their welfare is considered. Additionally, under OK divorce laws, both parents have an equal right to be awarded custody. Visitation rights within reason are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parentsí income paid to assist with the support of his children) is determined by the Income Shares model, based on the gross income of both parents as set forth by divorce law in South Carolina. Child Support Guidelines can be found at South Carolina Social Services Regulation. Expect to pay child support until the age of 18, or until the child is a high school graduate.

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