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If the defendant ignores the complaint or otherwise fails to answer it on time, the plaintiff can move for entry of default under Rule 55 of the South Carolina Rules of Civil Procedure. Default means the plaintiff wins the substance of the lawsuit, and therefore prevails on his or her claims by operation of law.
If you want to get a divorce without your spouse's consent in South Carolina, in most cases, you will have to show that you meet one of the state's four legally recognized grounds for an at-fault divorce. Those grounds are: Your spouse committed adultery.
In other words, the process for a divorce without fault reasons in South Carolina can take up to 15 months at a minimum.
Complete the South Carolina Self-Represented Litigant Simple Divorce Packets online using a free, interactive program provided by South Carolina Legal Services. This program allows you to quickly and easily complete the divorce packet by answering simple questions online. Visit .lawhelp.org/sc for more information.
How do I get a divorce in South Carolina without waiting a year? If you can prove a fault-ground for divorce like adultery, habitual drunkenness, physical cruelty, or abandonment, you do not need to wait for the one-year continuous separation.
How Long Do Uncontested Divorces Take? A divorce based on one year's continuous separation cannot be finalized until one year after the date you and your spouse separated.
How to file a divorce in South Carolina The simplest procedure is an uncontested divorce where you and your spouse can reach an agreement about all issues.The fault-based grounds for divorce are: adultery, alcoholism or drug addiction, physical cruelty, and desertion for one year.
Default Divorce in Greenville, South Carolina A default divorce happens when a spouse who has been served with divorce papers fails to respond. If you have started the divorce process and your spouse refuses to respond or cannot be located, you may be able to obtain a default divorce.