Draw On Legal South Carolina Property Settlement Forms For Free

The answer is easy. Simply go to your local magistrate's office, explain your claim to the magistrate (or the magistrate's clerk), pay a small filing fee, and the magistrate's office will help you fill out the paperwork and send it to the party that you are making a claim against.

Who can prepare a separation agreement? Although it is possible for spouses to prepare their own separation agreement, most are prepared and negotiated by lawyers. The rights and obligations in separation agreements are very important and each spouse should be certain of his or her legal rights before signing.

Separation agreements must be in writing (not verbal), must be signed by both parties, and both signatures must be notarized. Can a separation agreement include decisions about child custody and child support? Yes, you can include provisions about child custody and child support in a separation agreement.

South Carolina is an equitable division state; that is, the Family Court Judge hears the evidence from both spouses and then determines what he or she thinks is a fair and equitable division of marital property. The Judge considers a number of factors in making the decision.

Ground Rules Be clear about how long the separation will last and the terms of the break. Decide whether you'll be seeing other people during the separation or not. Establish communication boundaries, such as how often you'll talk to each other and what types of communication are allowed, if any.

The rule to show cause shall be served with the supporting affidavit or verified petition by personal delivery of a duly filed copy thereof to the responding party by the Sheriff, his deputy or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action.