The average divorce cost in South Carolina is between $5,000 and $7,500, according to a survey by Lawyers.com. Divorce can cost anywhere from $1,200 to more than $10,800 depending on the length of the marriage and the number of children involved, according to the National Center for Family and Marriage Research at Bowling Green State University.
Table of Contents
How much is it to file for divorce in SC?
How much is the filing fee for a divorce? $150 is the filing fee for a divorce. There is a fee of $50 for a temporary hearing. You can request a court order from the court clerk’s office.
You will need to provide the following information: the name and address of both parties; the names and addresses of all witnesses; and the date, time, and place of each hearing. The court will send you the order within 10 business days of receiving your request.
How do I get a free divorce in South Carolina?
You can file for a divorce without an attorney if you want a divorce based on a one year continuous separation from your spouse. You can either use the court approved divorce packet that is available online at no cost to you, or you can buy the packet at your local courthouse.
You may also file a petition for dissolution of marriage if you have been separated for more than one year. The petition must be filed in the county where you live. If you do not live in a county that has a court-approved divorce package, then you must file the petition in your county of residence.
How much does a divorce cost if both parties agree?
You can keep the costs low if both parties agree on all the major issues of the divorce. If you do your own divorce papers, the costs could be under $500. You’ll need to check with your local county clerk’s office to find out if there are filing fees in your state.
How long does it take to get a divorce in South Carolina?
It will take a minimum of one year from the day you separated from your spouse to be able to finalize your divorce. It can take months for a final hearing to be held after you file for divorce. If you are married to a non-custodial parent, you may be able to get a divorce without a hearing. However, this is not always the case.
If you have been married for more than two years, the court may require you to file a petition for dissolution of marriage. This petition must be filed within 30 days of your separation from your husband or wife. The petition will be heard by a judge, who will decide whether or not to grant the divorce.
What is a wife entitled to in a divorce in South Carolina?
The majority of states have equitable distribution laws. In South Carolina, spouses have a right to all of their property. Marital property is all the real and personal property acquired by the parties during the marriage and is divided equally between the spouses. There are three main types of property that can be acquired during a marriage.
These are real property, such as real estate, stocks, bonds, and other financial instruments; intangible property (such as a car, a house, or a vacation home); and non-intangible property like personal effects, jewelry, clothing, furniture, artwork, art supplies, etc. All of these property types are subject to the laws of the state in which the property was acquired.
For example, if you own a home in Florida, you can’t sell it to your spouse without first obtaining a license from the Florida Department of Business and Professional Regulation (DBPPR).
Do you have to file for separation before divorce in SC?
There is no requirement for couples to file for separation before filing for divorce in South Carolina. Prior to the filing of a petition for dissolution of marriage, couples must live separately from one another for a year. For more information, please visit the South Carolina Department of Health and Environmental Control website.
Can you date while separated in SC?
There are a lot of reasons to not date while you are separated from your spouse, and dating can affect the outcome of your divorce case, but South Carolina law says that you can date once you have been separated for at least one year. If you and your ex-spouse are still living together after the one-year separation period, you may be able to get a divorce without the need for a trial.
However, this is not always the case. For example, if you live in the same state and have lived together for more than a year, it may not be possible for you to file for divorce in your state of residence. You may have to go to court in another state to do so.
Is it better to divorce or separate?
Separation can allow you to tackle certain aspects of the divorce process more calmly, such as establishing a child custody arrangement. Without court fees and timelines hovering over their heads, spouses may be able to focus on the important things in their lives.
