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A couple that is involved in an uncontested divorce may use a marital settlement agreement drafted by an attorney. Such agreements address all of the details of a divorce, from financial issues to those related to child custody, visitation, and child support.
While there is not a set number of years a couple would need to be married in order to receive alimony in South Carolina, a standard commonly used in SC is one year of alimony for every three years of marriage. Keep in mind, this is not a set standard and each case will have its own unique characteristics and outcomes.
Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.
In California, a wife is entitled to half of the marital assets and up to 40% of her spouse's income for child support, spousal support, and other terms of the divorce settlement. If you are going through a divorce, it is important to explore the entitlements a wife has and how the final settlements are determined.
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.
Divorce Decree: The Main Difference. Your marital settlement agreement doesn't mean that you're divorced. Only your divorce decree means that you're divorced. Your marital settlement agreement will ultimately become your divorce, but it needs to be reviewed by a judge first.