Our 3StepDivorceTM Online Divorce for South Carolina is offered with a peace-of-mind 100% guarantee.
We offer a 100% guarantee that the documents provided will be accepted by the South Carolina courts to finalize your divorce.
In the event that the documents provided are not accepted by the South Carolina court due to the fault of 3StepDivorceTM, you will be provided a 100% refund (with no handling fee).
Our support staff will always give each individual customer personal attention should they have difficulty. We have both e-mail and phone support. This being said, prior to issuing a refund, we reserve the right to meet any courts requests regarding changes to the documents.
South Carolina Residency Requirements
In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this state at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this state for this period; provided, that when both parties are residents of the state when the action is commenced, the plaintiff must have resided in this state only three months prior to commencement of the action. Actions for divorce from the bonds of matrimony or for separate support and maintenance must be tried in the county (a) in which the defendant resides at the time of the commencement of the action, (b) in which the plaintiff resides if the defendant is a nonresident or after due diligence cannot be found, or (c) in which the parties last resided together as husband and wife unless the plaintiff is a nonresident, in which case it must be brought in the county in which the defendant resides. The divorce is typically filed with in county in which the filing spouse resides. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-30, 20-3-60, 20-3-80)
South Carolina Divorce Grounds:
(A) On the application of either party if and when the husband and wife have lived separate and apart without cohabitation for a period of one year. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-10)
South Carolina Property and Debt Division
In determining the appropriate property award the court will decide what is marital property and divided that property is an equitable fashion by considering the following factors: A. The length of the marriage. B. The age of the spouses. C. Marital fault or misconduct. D. The current value of the property. E. The contribution each spouse made to the acquisition of the property. F. The income of each spouse. G. The earning potential of each spouse. H. The health of each spouse. I. The need of each spouse. J. The separate property of each spouse. K. The retirement benefits of each spouse. L. The tax consequences. M. Expenses a debts of each spouse. N. The custody arrangement if children are involved. O. Any other relevant factors. (Code of Laws for South Carolina - Chapter 3; Sections 20-7-472, 20-7-473)
South Carolina Spousal Support, Maintenance, or Alimony:
In making an award of alimony the court will consider all of the following factors: (A) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties; (B) the physical and emotional condition of each spouse; (C) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse's income potential; (D) the employment history and earning potential of each spouse; (E) the standard of living established during the marriage; (F) the current and reasonably anticipated earnings of both spouses; (G) the current and reasonably anticipated expenses and needs of both spouses; (H) the marital and nonmarital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action; (I) custody of the children (K) the tax consequences to each party as a result of the particular form of support awarded; (L) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and (M) such other factors the court considers relevant. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-120, 20-3-130, 20-3-140)
South Carolina Custody and Visitation:
In determining the best interests of the child, the court must consider the child's reasonable preference for custody. The court shall place weight upon the preference based upon the child's age, experience, maturity, judgment, and ability to express a preference. The court will also consider evidence of domestic violence, the current situation and nature of the divorce, and the religious faith of the parents. The court will not award custody based upon the gender of the parent. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-160, 20-7-100, 20-7-1520)
South Carolina Child Support:
The court shall consider the following factors which may be possible reasons for deviation from the guidelines: (A) educational expenses for the child or children or the spouse; (B) equitable distribution of property; (C) consumer debts; (D) families with more than six children; (E) unreimbursed extraordinary medical or dental expenses for the noncustodial or custodial parent; (F) mandatory deduction of retirement pensions and union fees; (G) support obligations for other dependents (I) monthly fixed payments imposed by a court or operation of law; (J) significant available income of the child or children; (K) substantial disparity of income in which the noncustodial parent's income is significantly less than the custodial parent's income; (L) alimony. (M) agreements reached between parties. (Code of Laws for South Carolina - Chapter 3; Sections 20-3-160, 20-7-40, 20-7-100)
How Do I Know if I Should File in South Carolina?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the South Carolina Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in South Carolina?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in South Carolina?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in South Carolina?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
South Carolina Forms: Our question and answer technology will allow you to easily complete your South Carolina divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.South Carolina Divorce Forms List
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A total of 93 people have started their divorce through 3StepDivorceTM in the last 24 hours and 925 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)"
solution for any uncontested divorce (with or without children) that
will be filed in the state of South Carolina. An uncontested divorce in
SC is one in which you and your spouse are in agreement and eliminates
the stress and expense of settling your divorce in court.
With 3StepDivorce TM you will complete and print your SC divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in SC in a timely, professional, and hassle free fashion.The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in SC, learn more about getting your Separation Agreement or learn more about the basics of divorce in South Carolina and how to do your own divorce in South Carolina . Also, If you have any questions try visiting our South Carolina Divorce Online Help Center .
Filing for divorce can seem overwhelming. Like starting almost any other legal proceeding, it takes finding the right forms, filling out the forms properly, and understanding the court's requirements for the next steps you'll need to take.
Traditionally, most people hired a lawyer to take care of all the legal matters in their divorce. But more and more couples are turning to a much cheaper option that's still easier than figuring out everything on their own: filing for divorce online.
If you want to know more, read on for answers to some of the most common questions about online divorce in South Carolina.
South Carolina 3StepDivorce™ takes care of the divorce paperwork for you. Once you sign up for the service, you'll answer some questions about your situation. Based on your responses to the questionnaire, South Carolina 3StepDivorce™ will fill out the forms the state requires to start the divorce process, along with instructions for adding any further information that's needed. You'll be able to print out the forms yourself immediately or, if you prefer, get hard copies by mail.
South Carolina has two basic requirements to file for divorce in the state: a residency requirement, and–for most couples–a year-long separation requirement.
South Carolina's residency requirement for divorce depends on whether both you and your spouse live in the state when you file your divorce papers–not where you were married.
(S.C. Code §20-3-30 (2022).)
Like all states, South Carolina requires you to declare a legal reason (or “ground) for divorce in your initial paperwork. Unlike most other states, however, South Carolina doesn't allow you simply to state that your marriage is permanently broken or that you and your spouse have “irreconcilable differences.” If you want to file for a “no-fault” divorce, you and your spouse must have lived “separate and apart” for a year before you filed the initial paperwork. That means that you lived in separate residences the entire time, with no “overnights.” You'll need to prove that you met this requirement by bringing a witness to your final divorce hearing who can testify under oath about the witness's personal knowledge of your separation.
The only other legal divorce grounds in South Carolina are based on claims that your spouse engaged in misconduct–specifically, adultery, physical abuse, desertion (for a year), or habitual substance abuse. But when you file for divorce based on one of these “fault” grounds, you'll have to prove your claims in court proceedings, and your case won't qualify as an “uncontested divorce” (more on that below). (S.C. Code §§ 20-30-10 (2022).)
Many South Carolinians are finding that they can file for divorce and get through the process without the expense of hiring a lawyer if they're filing for an “uncontested divorce” in the state. That means that they've agreed with each other about all of the legal issues in their divorce, including:
If you still have disagreements with your spouse about these or any other issues involved in ending your marriage, you'll have to file for a traditional, contested divorce. Because that will involve legal battles and presenting evidence and arguments at court hearings, it would be risky to pursue a contested divorce without a lawyer to navigate the process for you–especially if your spouse has an attorney.
You may use South Carolina 3StepDivorce™ as long as you have an uncontested divorce, and you meet the state's residency and separation requirements. You'll need to have a written marital settlement agreement, signed by both you and your spouse, that covers all of the issues in your divorce. South Carolina 3StepDivorce™ will create this agreement for you, based on your answers to the questionnaire.
South Carolina 3StepDivorce™ can also help if you aren't ready to file for divorce–for instance, because you haven't been separated for a year–but you want a legal separation agreement with your spouse. For instance, you might want to work out arrangements for support, custody of your children, who has to move out of the family home, and how to take care of the bills.
Just because you haven't been able to agree with your spouse about everything in your divorce, that doesn't necessarily mean that you have to go through an expensive and time-consuming contested divorce. You could try divorce mediation. If you're able to reach a settlement agreement with the mediator's help, you can then use South Carolina 3StepDivorce™.
Generally, you can use South Carolina 3StepDivorce™ even when you have minor children with your spouse, as long as you agree on all of the issues related to your kids, including legal and physical custody, a parenting (visitation) schedule, child support, health and dental insurance, and tax deductions. South Carolina 3StepDivorce™ will allow you to address these issues in your settlement agreement. We provide a standard parenting schedule, but you'll have an option of customizing the schedule to meet your individual needs.
However, you won't be able to address custody-related issues with South Carolina 3StepDivorce™ if the affected child or children don't meet the “home state” requirement. Usually, that means the child must have lived in South Carolina with a parent (or a parent figure) during the entire six-month period before you file for divorce (or since birth if the child is younger than six months old). If you don't meet the six-month rule, you should speak with an attorney to find out whether you might qualify for one of the complicated exceptions to this rule. (S.C. Code §§ 63-15-302, 63-15-330 (2022).)
In South Carolina, both parents have an obligation to support their children. And like all states, South Carolina has child support guidelines for calculating how much support the parents should pay, based largely on their incomes and custody arrangements.
3StepDivorce™ provides the South Carolina Child Support Guideline Worksheets, so you can easily calculate the state's guideline level of support. You and your spouse may agree to an amount of child support that differs from the guideline amount, but the judge will review your agreement to determine if the amount of support is reasonable and is in your children's best interests, and if both parents fully understand their agreement and its implications. (S.C. Code § 63-17-470 (2022).)
In your settlement agreement, you and your spouse can also include child support provisions that aren't legally required, such as a parent's contributions to private school tuition or the cost of a child's college education. You can also agree on some specific future events that will trigger a change in child support, such as when you'll no longer need to pay for child care.
After your divorce in South Carolina is final, you (or your spouse) may request a change in the amount of child support, but you'll need to show that your circumstances have changed significantly. The judge will review your request based on the same legal requirements for an original child support order. (S.C. Code § 63-17-830 (2022).)
If you want to save the time and expense of a court battle over a request to modify child support, you and your spouse may agree to a modification on your own. (If you have an agreement, the South Carolina Department of Social Services may help make it official with the court.)
When you fill out your questionnaire for South Carolina 3StepDivorce™, you'll answer a series of questions about your separate and marital property and debts, including how you'll divide your marital property and allocate responsibility for payment of the marital debts.
If you own a home with your spouse, your agreement can spell out what will happen to it when you get divorced. Here again, the questionnaire will include a few questions about the property and how you’ve chosen to deal with it, such as:
In your South Carolina 3StepDivorce™, you may also agree on whether and how you'll divide any retirement accounts that you and your spouse have, including 401(k)s, individual retirement accounts (IRAs), and defined-benefit pensions.
If you started contributing to the retirement plan before you were married, you'll start by figuring out how much of its current value is marital property and how much is your separate property. There are experts and firms that will do this for you (for a fee, of course). The service is usually known as a pension appraisal or valuation. You'll almost always need this kind of expert help when you're dealing with a defined-benefit pension.
Once you know the marital value of your work-related retirement accounts, the easiest way to handle the division of the assets is not to split them but to transfer other assets as an offset. Here's how that works: Say you have a 401(k) through your job, and the marital portion of the account is worth $100,000. If you and your spouse agree to divide that portion down the middle, and you have other marital assets to divide (such as a regular savings account), your spouse could receive an extra $50,000 from those assets while you keep the entire 401(k). That way, you don't have to hire another expert to prepare the kind of special order that's needed to tell the 401(k) administrator how to divide the account.
The rules are different for IRAs. You may simply agree to have your spouse's share transferred to another IRA account in that spouse's name. (You'll have to submit a special form to the bank, along with a copy of your divorce decree.)
You and your spouse may waive any right to alimony in your South Carolina divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
When you get your completed forms with South Carolina 3StepDivorce™,your next step will be to take three copies of the paperwork to the court clerk in the Family Court Division. The county where you file the papers will depend on where you and your spouse live:
(S.C. Code § 20-3-60 (2022).)
(Learn more about the process of filing for divorce in South Carolina.)
The South Carolina courts charge a fee to file the divorce papers (currently $150).
If you can't afford South Carolina's filing fee for divorce, you may file an application for a fee waiver (a “Motion and Affidavit to Proceed in Forma Pauperis”). The court will let you know if your request is approved.
Once you've made it through the one-year separation period required for uncontested online divorce in South Carolina, you may get your final divorce fairly quickly. The spouse who files the initial divorce complaint (known as the “plaintiff” in South Carolina) will need to “serve” the other spouse with the divorce papers as soon as possible.
Then, the plaintiff may request a hearing on the divorce as soon as either of the following:
(S.C. Code § 20-3-80 (2022).)
Once you get a date (which will depend on the court's schedule) and appear at the hearing, the judge could sign your divorce judgment and final order that day–as long as everything is in order. Once those forms are filed with the court clerk, your South Carolina divorce will be final.
South Carolina 3StepDivorce™ provides unlimited, live, person-to-person support for customers. If you have any questions about how uncontested divorce works, call our South Carolina Divorce Online Help Center at (888) 665-6782 (toll free), Monday through Friday from 8 am to 5 pm (Pacific Time).
Please keep in mind that we are not lawyers and so cannot give out legal advice. If you have questions about South Carolina law or need legal advice, we recommend that you contact an experienced family law attorney in your area.
3StepDivorce TM is a premium online divorce solution, a sister company of Divorce Source, the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
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