South Carolina Divorce Questions

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Divorce is the legal way in which one can end their marriage. When one thinks about filing for dissolution of marriage there are various factors that they need to consider before filing for one. The important factors that one needs to consider are grounds of disassociation, marital property distribution, alimony, spousal support, separate property distribution, separation period etc. If the divorcing partners have child or children, then they need to consider important factors such as child custody, visitation rights, child support etc. The South Carolina divorce questions and the answers of these questions mentioned below would help you to understand the factors that would affect legal procedures.

The vital examples of South Carolina divorce questions are as follows:

Q: What is the approach of the court regarding awarding visitation rights to the grandparents?

A: If the court feels that if the grandparents are awarded visitation rights, then it is in the best interests of the child, then the grandparents are awarded visitation rights. Moreover such visitation rights should not intermingle with the parental rights.

Q. How does the court handle the issue of child custody and visitation?

A. The court has the best interests of the child in mind while handling the issue of child custody and visitation. The reasonable preference of the child regarding these issues is taken into account. While doing this the ability, judgment, maturity, experience, and age of the child are considered. The religious faith of the involved individuals also plays some role in handling this topic. The proof of domestic violence is also given importance.

Q. Provide a brief about marital property distribution?

A. South Carolina always executes equitable distribution. Thus, the distribution of property and debts amongst the divorcing parties is fair and equitable, while not essentially fair. While arriving at a decision, the court takes into account the following factors:

• The income of each partner
• The input of each partner to the marital estate
• The value of each partner's marital property
• Economic misconduct
• Marital misconduct
• The age of the partners
• The span of marital life

Q. What is the outlook towards distribution of separate property?

A. The following types of property are classified as separate property.

• Property attained prior to marriage
• Property attained during marital life by gift or inheritance

If such a property or income thereof is never utilized for the common use of the partner in marital life, then such a separate property is not considered for equitable division

However, if such a property or income thereof is used by the partners for their common benefit during marital status, then it is very likely that it may be divided equitably. The court views the frequency of use of the separate property while finalizing the distribution.

Q. What are the grounds of divorce applicable in South Carolina?

A. No fault divorce ground

• Separation without cohabitation
Fault divorce ground
• Desertion for 1 year
• Cruelty
• Habitual drunkenness
• Adultery

Q. What is the duration of separation in a no fault divorce?

A. After filing a petition in South Carolina, minimum 3 months are essential for procuring the divorce.

Q. What separation period is essential for getting a South Carolina divorce?

A. The husband and wife must live distant and separate from one another in the absence of any cohabitation for minimum 1 year.

Q. Enumerate the points speculated upon by the court while determining alimony?

A.

• Marital misconduct
• Custody of the children
• The non marital and marital characteristics of both the partners
• The current and reasonably anticipated earnings of each partner
• The current and reasonably anticipated expenditures and requirements of the partners
• The standard of living experienced in marital life
• The earning potential and employment history of both the partners
• The educational background of the partners and the requirement of additional education and training
• The emotional and physical condition of the partners
• The age of the partners
• The span of marital life
The South Carolina divorce questions and their relevant answers provided here will of great help to understand the important factors that one needs to understand before filing for separation or during the legal proceedings. The person filing for dissolution of marriage would have several questions about the factors that would affect the alimony amount determination. We have answered the important question related disassociation and other related aspects to it. Before one files for divorce, they need to know the minimum separation period that is applicable in South California. The different fault and no fault divorce grounds are also listed here. The questions related to marital and separate property distribution are also answered here.

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