For a divorce based on errors, South Carolina (1) recognizes adultery, (2) ordinary drunken or drug use, (3) physical cruelty and (4) desertion. It should be noted, however, that desertion is rarely used as a grounds for divorce, as the parties must have lived separately and separately without cohabitation, as well as the requirement for a one-year non-fault separation decision. The parties can file for divorce 90 days after the filing date if an error-based ground is met and the burden of proof is met, in order to prove that the reason is based on the error. National agreements generally address children`s issues, such as childcare, visitation and assistance, child support and the property department. Under these agreements, one party may agree to pay the other party`s legal fees and costs for negotiating an agreement. An agreement could also deal with the grounds for divorce. While the parties cannot accept a divorce (only a court can grant it), the parties may agree to waive the grounds for error for divorce or to forego a defence. After filing a divorce complaint and subpoena with the family court administrator, a spouse can apply for an order for support and separate assistance. As soon as it is filed, the other spouse has 30 days to react and raise any defence against separation. Parties may request a separate support and maintenance hearing to determine each party`s rights and obligations during the one-year separation. A family judge if you then listen to the arguments and decide the issues or check an agreement if the parties got one. Any party may request a temporary hearing requesting discharge from the court during the separation period. Issues such as custody, home visit and assistance, which spouse remains in marital housing, who is responsible for paying the mortgage and other expenses related to the home during the separation period, closing joint accounts, allocating marital debts, transferring securities to personal property, such as cars and boats, in the name of the spouse or in the name of the other (according to the other : persons who remain in possession of the estate), spising assistance and health insurance are treated in a separate maintenance and support order.
In South Carolina, parties are not required to complete the separate support and maintenance order to complete the one-year separation requirement for an error-free divorce.
