South Carolina Divorce Tips

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Divorce can be a life-changing event. For some people, it brings new hope in their life, as they are able to choose their priorities at the right time. Unfortunately, there are many who cannot think logically and the cloud of frustration hovers around them. So, it is your choice which way you want to go. If you want to have a successful divorce leading to a good future, you should take some effort on your own. You may reside in any state or in any country, but you need to abide by some divorce laws. South Carolina divorce tips make you familiar with the basics of divorce in this state.

General South Carolina Divorce Tips:

  • According to South Carolina divorce laws, any one of the spouses must be a resident of the state for at least one year. If both partners are residents, the partner filing for the case needs to be a resident of the state for at least three months.

  • While discussing South Carolina divorce tips, mention is to be made of divorce grounds. The couple can not file for a divorce case based on any ground. If both the parties have been living apart for one year or more, then the court grants a divorce based on no-fault grounds. But if the case is based on fault grounds, then appropriate proof has to be provided. The couple needs to prove that the marriage is irretrievably broken due to adultery, inhuman treatment, alcohol or drug abuse, desertion, etc.

Some essential South Carolina Divorce Tips

  • Consider an individual who is the obligor on a support order of some jurisdiction in a sister state. This individual might file the following documents with the clerk of court:
    • A request for withholding income
    • A certified copy of the support order of a sister state

    By doing so, this individual might procure a voluntary income withholding. The individual would be required to make payment to the clerk of court. This clerk is expected to issue a notice to withhold as per subsection (2) of subsection (E) of 20-7-1315.

  • In the state of South Carolina, a person can voluntarily testify by affidavit or statement, that can be used in a divorce proceeding to procure income withholding outside the state.

  • Any agency or court of another state may request the family courts in this state to issue orders to an individual in this state regarding remaining present at a deposition or hearing before the family court. The intention of such a deposition or hearing is to produce evidences that would be useful under other procedures in this state. The clerk of the family court forwards a certified copy of the evidence (for example, videotape or transcript) to the requesting agency or court.

  • For the entry of a support order of another jurisdiction, the following documentation is essential:
    • Statements of the following:
      • The name and address of the person or agency to whom the support payments collected by income withholding must be transmitted
      • The name and address of the employer of the obligor or any other source of income of the obligor in this state against whom income withholding is sought
      • The name, address and social security number of the obligor, if known
    • A sworn statement of the obligee or certified statement of the agency of the arrearages as well as the assignment of support rights, if any
    • A copy of the part of the income withholding statute of the jurisdiction that issued the support order that mentions the requirements for procuring income withholding as per the law of that jurisdiction
    • A certified copy of an income withholding order, if any
    • A certified copy of the support order with all modifications

  • A child support obligation might be a fixed sum or might be accruing periodically. On the date on which it was due, it might remain unpaid by an amount equal to or more than 1000 USD. This is considered as a lien in an amount enough to satisfy unpaid child support. The Department of Social Services, Child Support Enforcement Division or its designee (division) or the family court determines an amount of restitution that is due and payable on the date the amount has been established.

  • If any action is taken to seize any property or execute a levy or perfect a lien, then, the division is expected to send timely written notice to the obligor by first class mail. Such a notice comprises of the following information:
    • The amount that is due
    • The steps taken to release the property that has been seized, levied or placed under lien
    • The span of time within which the obligor must respond to the notice
    • The name of the administrative agency of competent jurisdiction or the name of the court that entered the child support order

Having a good knowledge of these South Caroline divorce tips, makes it easier for you to approach the case in a convenient way. Be logical and not emotional while taking important decisions.

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