Everybody engaged in a divorce may find it challenging. It can be challenging to handle the legal difficulties associated in a divorce when emotions are high.
Every partnership, just like every individual, is different, as is their circumstance. Although every divorce is kind of unique, there are some characteristics you can usually anticipate. Contact a divorce attorney in South Carolina to know the rules for your state.
1. Divorce Grounds That Are Legal
Sending your divorce application to the district judge is the initial stage in the divorce procedure. But when you ever get there, you must decide what reasons for divorce you would be asserting.
- Insupportability (no-fault)
- Abandonment
- Adultery
- Cruelty
- Separation
- Conviction for a felony
- placement in a mental health facility
The only basis which is deemed “no-fault” is insupportability. Six are “fault-based,” the rest. The split of property and compensation will depend on if you get a no-fault or fault divorce.
Choosing which basis to assert can be difficult, so it is in your best financial interest to speak with an attorney with experience in this area.
2. Submit divorce papers
The divorce application must now be filed after you have determined the reasons for divorce you will use. The partner who seeks a divorce is formally known as the petitioner, and the other spouse is formally known as the respondent.
Your divorce is officially initiated by this petition. Before filing for divorce, you and your spouse must fulfill a number of prerequisites. For instance, you have to file in the county where you or your spouse have resided for at least 90 days.
The district clerk’s office is often where divorce cases are filed. You must hand-deliver or mail the following:
- The initial request
- duplicates of the petition in two
- filing fee for a petition
- Depending on the county you are in, there are different filing fees for petitions.
3. Submit Divorce Documents
You must give your spouse legal notice after filing the initial divorce documents. It’s not as easy as just picking up the phone and announcing your partner that you’re getting a divorce.
You must serve your spouse in one of the following methods to officially notify them:
- Make your spouse sign a citation or a waiver.
- Contact a process server.
- posting or publishing
This process is quite simple if your spouse consents to the release of the penalty. They are giving up their right to official service by accepting the waiver. Furthermore, a signed waiver is only effective once your initial divorce petition has been submitted.
You will need to employ a third party that has been approved by the court to serve the divorce papers on your behalf if your spouse refuses to sign a waiver of citation. It could be:
- an agent of the court
- The local sheriff
- an overseer
Advertising or publishing is your only choice if you’ve tried everything and still can’t find your spouse to serve them with divorce papers.
A court order is required for this.
4. Counter-petition
Your partner has 20 days after receiving legal notification to submit a formal answer. Your spouse is entitled to appear at any court proceedings related to your divorce after their answer is submitted.
Your spouse is able to submit a counter petition in addition to an answer. This is extremely comparable to the initial petition you submitted. The counter petition filed by your spouse will state:
- their divorce justifications
- Any requests they would like to submit to the court
- They must deliver it to you if they submit a counter-petition.
After these major processes, there is then the waiting period, and after that the finalization of the divorce. A good divorce attorney in South Carolina will help you through all these major steps.
