South Carolina No Fault Divorce

Divorce Papers > No Fault Divorce > South Carolina No Fault Divorce

The singular state in the United States in which the grounds for divorce are incorporated in the Constitution is South Carolina. The Constitution of 1895 mentions that divorces from the bond of marriage are not permitted in this state. In 1949, the Constitution was amended and some fault-based grounds were permitted for divorce. There were further alterations in the Constitution in 1969 as per which divorce was permitted if there was continuous separation for 3 years in the absence of cohabitation. The necessary span of separation for a no fault divorce was altered to 1 year in 1979.

Grounds of South Carolina No Fault Divorce

One of the divorcing partners has to state that their marriage has broken down irretrievably and the cause for such a happening is incompatibility. Moreover, it must be proved that the divorcing partners are residing apart and separate for duration of one year in the absence of cohabitation.

Residency requirements of South Carolina No Fault Divorce

• One of the divorcing partners must be residing in this state for minimum 1 year prior to the filing date of the divorce papers, or
• Both the divorcing partners must be residents of this state for minimum 3 months.

• The county wherein the partner resides
• If the partner does not reside in this state, then, the county in which you reside
• If the divorcing couple presently stays in this state, then, the county wherein you and your partner last stayed along with each other.

Some facts related to divorce hearings

• During a divorce hearing, the following individuals are present in a courtroom:
  • The Judge
  • The Lawyers
  • The divorcing parties
  • The court reporter
  • Witnesses: The witnesses may be required to wait outside the courtroom after they are testified.

• In very few cases, one comes across children as witnesses. However, the child or children must be of enough awareness or age, so that the testimony of such a child can be believed. Several experts are of the opinion that it is not a good practice that a child is required to testify in the courtroom. The reason is that the relation between the parents and the child is permanently disrupted. Moreover, there may be grave psychological damage to the child. The Judge has the right to speak with a child in Chambers. In order to safeguard the interests of the child, the Guardian ad Litem is appointed and this person represents the position of the child in the case.

• If the case is a contested one, the case comprises of minimum 2 court hearings. The initial hearing is called as the motion or temporary hearing. The latter hearing is named as the merit or final hearing.

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