South Carolina Cases

Is the Financial Declaration form mandatory?

Yes, in any SC domestic case where the financial condition is relevant to the case, a Financial Declaration will need to be filed with the court and served on the opposing party, along with relevant financial documentation.

Do I have to be separated for one year to obtain a divorce in SC?

If you do not have fault grounds for divorce, you need to be separated from your spouse for a period of one year prior to filing for absolute divorce in SC.

What are the fault grounds for divorce in SC?

There are four fault grounds for divorce in SC: adultery, habitual drunkenness or drug abuse, physical cruelty, and one year’s desertion.

In which SC counties do your attorney practice?

Our attorneys routinely practice in York and Lancaster Counties. In limited circumstances, our attorneys will travel to other counties when necessary.

If we signed a Separation Agreement, is it an agreement only between us?

A Separation Agreement is an agreement entered into solely between the parties; however, South Carolina courts require the Agreement to be entered as a court order, which will require your appearance at court (which includes completing and filing a Financial Declaration).

How do I get a legal separation?

South Carolina does not consider spouses to be separated until they have executed a Separation Agreement or filed a court action for Separate Support and Maintenance or Divorce. Living apart for one year is required before you can file for a divorce based on one year, but actually living apart does not make you legally separated or change the status