Beaufort, SC Divorce Attorneys

A: The five grounds for divorce in SC are: adultery, physical cruelty, habitual drunkenness, desertion, and one-year’s continuous separation.

A: While the court may technically grant a divorce on the grounds of adultery, physical cruelty, habitual drunkenness or desertion three months after the action is filed, it is rare that this occurs in such time frame. A divorce action on these grounds is more likely to be contested by the defending party. When an action is contested, the process for preparing the case for a final trial necessarily takes more time than one which is uncontested. The parties must gather and analyze evidence and engage in mediation prior to even requesting a final hearing date. Add to that the fact that available court time is limited. Thus, even though the court has the authority to grant on divorce on these grounds as soon as three months after the case is filed, litigants should expect the process to take a year to complete.

A: No, an attorney is not permitted to represent both parties to a divorce in S.C. However, both parties are not required to have a lawyer. One or both parties may represent themselves.

A: The law defines habitual drunkenness as “frequent and repeated intoxication by excessive indulgence in intoxicating liquor.” In order to get a divorce based on habitual drunkenness in South Carolina, you must prove that your spouse’s drinking habits have caused significant problems in your marriage. This can be a difficult process and requires gathering evidence. Speak with our trusted attorneys at Harvey and Battey to learn more about filing for a habitual drunkenness divorce in SC.

A: There are two types of divorce in South Carolina: fault-based and no-fault. No-fault divorce requires a full year of separation before you can be divorced. Fault divorce must meet the requirements of one of the other grounds for divorce including adultery, physical cruelty, habitual drunkenness, or desertion.

A: You can file for both a contested or uncontested divorce in South Carolina without a lawyer, provided you and your spouse meet all of the requirements. Uncontested divorce, also called a “simple divorce” in South Carolina, means that you and your spouse agree on all of the issues required to end your marriage. Although this is possible, working with an experienced and knowledgeable divorce attorney is often the better option since marriage involves many legal and financial rights. We want to help you get the best possible personal care for you and your family’s future.

A: South Carolina does not require a formal separation before filing for a fault divorce. However, a no-fault divorce does require a full year of separation prior to your divorce.

A: Mediation is now required in most Family Court cases, including divorce and child support disputes. Contact us to speak with our team of experienced divorce attorneys to learn more.