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Online divorce in South Carolina

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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. Online Divorce does not sell blank forms, and a user can download those on a court's website.

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Online Divorce in South Carolina

For those seeking an inexpensive divorce in the state of South Carolina, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in South Carolina.

Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though South Carolina has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.

Online divorce can be a perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in South Carolina is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in South Carolina with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In South Carolina, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. South Carolina is no exception.

To file for Divorce in South Carolina, one of the two spouses must have live in South Carolina for a set period of time. Only one of these following statements must be true:

(1) the filing spouse has lived in South Carolina for at least one year;

(2) the defending spouse has lived in South Carolina for at least one year (if the filing spouse lives outside the State of South Carolina); or

(3) both spouses live in South Carolina and have lived in South Carolina for at least three months (before filing your divorce case.)

There are many ways to prove that residency has been established. The easiest way is if one or both spouses have a valid and in-date South Carolina driver’s license, ID card or voter’s registration card which was issued at least six months before filing for divorce. If this is not the case, it may be possible to establish residency, by having someone who knows you or your spouse testify that you have lived in the state for at least six months. Additionally, it may be possible to use an Affidavit of Corroborating Witness form, and it should serve as proof you’ve lived in the state a minimum of six months.

As for proving residency within a specific county, varies from county to county in South Carolina. More information will be provided as you work through the process of filling out your questionnaire on OnlineDivorce.com

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Valid grounds to get divorce in South Carolina

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of South Carolina. Grounds are merely the reason for divorce, and the state must approve them.

Establishing grounds is an important step in filing for divorce. This should be done together and both spouses must agree, unless one spouse plans to prove otherwise in a court of law in a contested divorce.

South Carolina’s no-fault grounds for divorce are irreconcilable differences, which have caused the irretrievable breakdown of the marriage with no probable chance of reconciliation.

A few of the potential fault-based grounds (or reasons) for divorce in South Carolina include, but are not limited to, adultery (marital infidelity), conviction of a felony (whether or not it leads to imprisonment), willful desertion or abandonment and cruel or inhuman treatment.

OnlineDivorce reviews

April F., Missouri
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Custody of the child in South Carolina

Custody of the child

Sole or joint legal or physical child custody may be awarded and is based on the discretion of the court and what would be in the best interests of the child. Fault is not to be considered in custody decisions unless it is relevant to determining the fitness of a parent to have custody. Neither parent is considered the preferred parent based on the parent’s gender. Considerations which may be looked at include:

  • The circumstances of the spouses;
  • The nature of the case;
  • The religious faith of the parents and child;
  • The welfare of the child; and
  • The best spiritual and other interests of the child.

The parents both have equal rights regarding any award of custody of children. [Code of Laws of South Carolina; Chapter 3, Sections 20-3-160, 20-7-100, and 20-7-1520].

Rules for child support in South Carolina

South Carolina’s standard child support rules and regulations will apply in almost every divorce case, barring extraordinary circumstances. Both parents’ gross incomes and some child related expenses will be considered as the child support is calculated. Child support continues until the child reaches age 18 and it may extend until the completion of secondary education in some cases.

Both parents have joint responsibility for child support. The court may request income withholding for the guarantee of child support payments. There are official child support regulations which are presumed to be correct unless one of the following factors requests a deviation from the amount:

  • Educational expenses for the child or children or a spouse;
  • The equal distribution of property;
  • Any consumer liabilities;
  • If the family has six or more children;
  • Unreimbursed special medical or dental expenses of either parent;
  • Required retirement deductions of either parent;
  • Support obligations for additional dependents;
  • Unreimbursed out of the ordinary medical or dental expenses of the child or children;
  • Other court-ordered payments;
  • Any available income earned from the child or children;
  • A substantial disparity in the income of the parents which makes it impractical for the non-custodial parent to pay the guideline amount;
  • The effect of marital support on the circumstances; and

Any agreements between the spouses, if in the best interests of the child or children. [Code of Laws of South Carolina; Chapter 3, Sections 20-3-160, 20-7-40, 20-7-100, 20-7-852, 20-7-1315, and 43-5-580 and South Carolina Case Law].

Uncontested South Carolina divorce with children
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Rules for spousal support in South Carolina

Rules for spousal support

Alimony, which can be sometimes referred to as spousal support, may be ordered by the court to help a spouse live and comfortably exist in a manner established during marriage after the divorce. Assistance may be decided together upon by the couple before filing or it may be awarded by the court in a contested marriage dissolution case.

Either spouse can be awarded maintenance for their natural life or on a short-term basis. The only factor which is specified in the statute is a due consideration of any circumstances of the spouses. South Carolina courts regularly have interpreted this requirement to include the following factors:

  • The duration of the marriage;
  • The ability of the spouse from whom marital support is sought to meet their requirements while also meeting those of the spouse seeking support;
  • The fiscal resources of the spouse who seeks maintenance, to include marital property which is given to such spouse and a spouse’s ability to meet needs independently;
  • The fiscal resources of the spouses on a comparative basis, including their earning abilities in the labor market;
  • The ages of the two spouses;
  • The physical and emotional wellness of the spouses;
  • Any fault of the spouses leading to the divorce.

The court may require the posting of bond as security for the payment of alimony and may require a spouse to carry life insurance and name the other spouse as beneficiary. [Code of Laws of South Carolina; Chapter 3, Sections 20-3-120, 20-3-130, 20-3-140 and South Carolina Case Law].

Property division in South Carolina

Property division

South Carolina is an “equitable distribution” state. Each spouse is entitled to keep their non-marital belongings, consisting of belongings:

  • Which was acquired prior to the marriage;
  • Acquired by gift or inheritance;
  • Acquired in exchange for non-marital belongings; or
  • Was acquired due to an increase in the value of the non-marital belongings.

All other belongings acquired during the marriage is subject to division, based on a consideration of the following factors:

  • The duration of the marriage;
  • The age of the spouses;
  • Any marital misconduct;
  • Any economic misconduct;
  • The value of the marital belongings;
  • The contribution of each of the spouses to the acquisition of the marital belongings, including the contribution of each of the spouses as homemaker;
  • The income of each of the spouses;
  • The earning ability of each of the spouses and the opportunity for the future acquisition of capital assets;
  • The physical and emotional wellness of each of the spouses;
  • The needs of each of the spouses for additional training or education in order to achieve their earning ability;
  • The non-marital belongings of each of the spouses;
  • Any retirement benefits;
  • Whether alimony is given;
  • The desirability of awarding the family home to the spouse who has custody of the children;
  • The tax consequences;
  • Any other support obligations of either spouse;
  • Any marital debts of the spouses;
  • Any child custody arrangements; and
  • Any other relevant factors. [Code of Laws of South Carolina; Chapter 3, Sections 20-7-472 and 20-7-473].

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Contested Divorce
Average prices start at $2000
Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditures. Overall lenghty and expensive way to go.
  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal fees
  • Potential court battles adding to already high stress levels
The premier uncontested divorce tool
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  • Ready-to-file divorce documents can be completed at your own pace with easy access for both spouses
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  • One flat fee (for both spouses) to access all completed documents for filing
  • Free revisions and free name change, no hidden fees
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Other Online Divorce Services
Average prices start at $300
Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.
  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies.
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in South Carolina

The court may refer the spouses to a mediator, who must make an serious effort to reconcile the spouses. In those cases, the divorce may not be granted unless it is certified by the judge or the referee that the efforts were deemed unsuccessful. No final divorce decree will be granted until at least 3 months after the initial filing of the divorce complaint. [Code of Laws of South Carolina; Chapter 3, Sections 20-3-80, 20-3-90, and 20-7-850].

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in South Carolina

South Carolina forms produced by OnlineDivorce.com are court approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to move forward with their lives.

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Filing fees for divorce in South Carolina

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

How long will it take

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet that is required by a local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk's office directly.
  • We complete the necessary forms for clients based on the answers they give in a simple guided online interview - clients do not need to read through the legal jargon and try to figure out how to fill out those forms yourself.
  • We give the detailed and easy to follow step-by-step instructions for filing a divorce with the court - so a client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email or live chat and we'll do our best to help.
  • We save time and money for our clients - if divorcing spouses are in agreement regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and they don't need to spend hours trying to do it all by themselves.
  • We guarantee 100% court approval on divorce papers prepared through our website or money back - we have 19 years of experience in completing divorce forms so clients can be sure the court will accept their documents with no issues.