This is one of the most frequent questions from callers to my office. Many times the caller will say, “My wife and I both want a divorce. It will be uncontested. We will both sign the papers.” I have to inform them that in order to file for a divorce in South Carolina, you must have grounds or have lived separate and apart for at least a full continuous year. If a couple has not lived apart for a full year, then they cannot file for divorce without grounds of either adultery, physical cruelty, or habitual drunkenness or habitual drug use. Then the caller states, “But we both agree and want the divorce now. We have been separated for 2 months.” In this situation, the couple can file for Separate Maintenance, which will address any issues between them such as custody or property division, but they cannot file for divorce until a year of full, continuous separation from each other. In South Carolina, it is not necessary to file for the Separate Maintenance prior to filing for divorce. If they can agree and both are satisfied with their arrangement during the separation, the issues can be addressed when filing for divorce. One party must supply a witness at the divorce hearing who will testify under oath that they know the parties and that they have lived apart for a full, continuous year. Witnesses are also required for divorce on any of the grounds. I will address them in a later post.
The David Wood Law Firm is an experienced law firm providing legal services to clients primarily in Spartanburg, Cherokee, Union, Greenville, Laurens, Greenwood and Pickens Counties of the Upstate of South Carolina.
If you find yourself at a crossroads in life, David F. Wood will provide the legal advice, personal service and representation that you need. A practicing attorney with 30 years of experience, David F. Wood is committed to helping his clients navigate the difficult and sometimes overwhelming legal terrain that often defines the transitions in our lives.
By offering a wide-range of services, David F. Wood and his staff supports clients through many life-stages, forging a personal commitment to their short and long-term interests and goals. David F. Wood and his staff never forgets the personal story behind every case file, and use their legal experience and personal support to secure your better future.
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