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No, you do not need an attorney to file for divorce, but you are strongly encouraged to seek the advice of an attorney. If you are seeking a divorce based on a one (1) year continuous separation from your spouse, you may file without the help of an attorney.You can also complete the divorce packet online on S.C.
If you're seeking a divorce and are unsure of which fact to base it on, speak to a Divorce Solicitor. If you are divorcing on the grounds of separation, then you and your spouse will need to have been separated for at least two years if you both agree to the divorce, and at least five years if you don't.
In South Carolina, you are still married until a final divorce decree is signed by a judge.South Carolina law dictates that if you date while separated, then your spouse is allowed to make the argument that you are committing adultery, which could have some legal consequences.
How long do you have to be separated in South Carolina to get a divorce? To file for a no-fault divorce in South Carolina, spouses must be separated for one year.
How long does a divorce take in South Carolina? Once the divorce paperwork has been filed in court, it takes at least 90 days for a divorce to be final. The 90-day start to finish time of the divorce is state law. After the 90-days, the judge may sign the final Decree of Divorce.
A waiver of service or summons means that a party voluntarily enters a lawsuit without requiring the opposing party to serve them with a summons and petition.Most people do not want to be served by a sheriff's deputy or special process server and so elect to sign a waiver of service.
To be eligible to file a simple divorce, you must meet the following requirements: you or your spouse has lived in South Carolina for at least one year before filing for your divorce, or you and your spouse both live in South Carolina and have lived there for at least three months before filing for divorce (S.C.
1 attorney answer It does not need to be notarized, but a copy must be mailed to every other party, in addition to being filed with the court. Be sure to put your name, address, and phone number on it.
There are five grounds for divorce in South Carolina: adultery, habitual drunkenness, physical cruelty, abandonment and no fault, which is based on the parties living separate and apart for at least one year. Mental abuse/cruelty is not a basis for divorce in South Carolina.