Nonmarital property is anything a spouse owned before the marriage, inherited, was gifted by someone other than their spouse, or that is excluded by contract. Nonmarital property is not subject to equitable division by the family court. It instead belongs solely to the spouse who owns it.
Bear in mind, however, that under certain circumstances nonmarital property may be transmuted into marital property. A family court judge considers numerous factors when dividing debt, property, and other assets. These include:. A judge must divide all marital property and debt, so be certain that you have a handle on all the marital assets or debts you and your spouse own or owe. You should also keep note of nonmarital property that you wish to keep as your own.
If one or both of you used marital funds to incur credit card debt or made poor investments, a judge typically assigns responsibility for the debts to both parties. However, severe financial irresponsibility such as habitual gambling by one party could skew the division of assets more favorably to the spouse who is not guilty of it. The Cate Law Firm understands that divorce is financially and emotionally overwhelming, no matter how amicable. Menu Call Email Visit Search.
The Economic Cost of Divorce Even when a couple is unhappily married for many years, the fear of the economic consequences of divorce may keep them together much longer than is healthy for anyone in the family. Definition of Property in South Carolina State law considers all assets and liabilities as property, whether marital or separate. With the simple divorce process, if either spouse has been at fault in some way, those issues cannot be raised in the divorce proceeding. If you meet all of the above requirements, then you may follow the steps below to fill out the forms for a simple divorce.
If you do not meet all of the requirements, or you have questions about your case, you need to talk to a lawyer.
The court is not allowed to answer questions about your particular case or your legal rights. All the forms you will need for this process can be found at the South Carolina Judicial Department website here.
You may file in the county where you and your spouse last shared a residence, in the county where your spouse lives at the time of filing, or in the county where you live, if your spouse is not a resident of South Carolina. If you are filing in South Carolina, but do not live in the state, you must file in the county where your spouse the defendant lives.
Some of the forms must be signed while you are in front of a notary public. Do not sign the forms that require notarization until you are in front of a notary public. After completing all the forms, make at least two copies of everything. The court will keep one, you will need one for your records, and you will need a copy for your spouse.
The clerk of court will charge a fee to file the papers.
Contested Divorce – In South Carolina, a contested divorce usually involves disputes about custody or visitation, alimony, child support, and. A contested divorce action in South Carolina is a divorce that: Can be based on any of the 5 legally recognized grounds for divorce in South Carolina; and.
There are four ways to serve your spouse:. After you have served your spouse, count ahead 35 days on the calendar do not count the day your spouse was served and mark the date. If you are going forward without opposition from your spouse, your next step is to complete a Request for Hearing and an Affidavit of Default for Divorce. When you file these forms, you must also file a copy of your return receipt or other affidavit showing he or she was properly served unless you have already filed it.
After completing these filings, the clerk of court will mail you a "Notice of Hearing" with your court date. After you receive this notice, you must mail a copy to your spouse, by certified mail, return receipt requested. After your spouse mails back the signed green card, you must complete an Affidavit of Service by Mailing in front of a notary public. If the envelope and card are returned in the mail unsigned, take the returned envelope to your divorce hearing.
You must also have one person testify at the hearing who has personal knowledge that you and your spouse lived separate and apart for one year. On the day of your hearing, bring the above documents to court, along with your witness es. During the hearing, the judge will ask questions about your documents, including questions about your marriage and separation.
You may use a sample script to prepare yourself. After granting your divorce, the judge will sign the Final Order of Divorce - your divorce is not final until the order is signed and filed with the Clerk of Court.
The judge may also ask you to complete a Judgment in a Family Court Case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
In some states, the information on this website may be considered a lawyer referral service.