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However, it should be noted that Desertion is rarely used as a ground for divorce since the parties must have lived separate and apart without cohabitation, just as is the requirement for a no-fault one-year continuous separation divorce.
In general, if the parties come to an agreement and settle all issues quickly, then typically your case will not last as long as it would if your case goes to trial. There are certain circumstances where you may be able to authorize your attorney to attend on your behalf, but in general you should be present in court.
The advice and knowledge of an attorney is crucial to protecting your interests in the future. South Carolina recognizes (1) Adultery, (2) Habitual Drunkenness or Drug Use, (3) Physical Cruelty, and (4) Desertion.* Marital Fault is also a factor that may be taken into consideration in regards to equitable division of marital property and spousal support/alimony. (C) In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage together with the ages of the parties at the time of the marriage and at the time of the divorce or separate maintenance action between the parties; (2) the physical and emotional condition of each spouse; (3) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse’s income potential; (4) the employment history and earning potential of each spouse; (5) the standard of living established during the marriage; (6) the current and reasonably anticipated earnings of both spouses; (7) the current and reasonably anticipated expenses and needs of both spouses; (8) the marital and non-marital properties of the parties, including those apportioned to him or her in the divorce or separate maintenance action; (9) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment outside the home, or where the employment must be of a limited nature; (10) marital misconduct or fault of either or both parties, whether or not used as a basis for a divorce or separate maintenance decree if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage, except that no evidence of personal conduct which may otherwise be relevant and material for the purpose of this subsection may be considered with regard to this subsection if the conduct took place subsequent to the happening of the earliest of (a) the formal signing of a written property or marital settlement agreement or (b) entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties; (11) the tax consequences to each party as a result of the particular form of support awarded; (12) the existence and extent of any support obligation from a prior marriage or for any other reason of either party; and (13) such other factors the court considers relevant. You must request a name change in your pleadings to put the court on notice that it is an issue before the court. Family Court judges may exercise broad discretion in their decisions after considering the specific facts of a case and relevant law.
*Desertion is rarely used as a ground for divorce since the parties must have lived separate and apart without cohabitation, just as is the requirement for a no-fault one year separation divorce. The court may or may not award spousal support/alimony to a party after taking the following factors into consideration. At the time of divorce, you must testify under oath that you are requesting a name change for personal reasons and answer a series of questions that verify that you are not changing your name to avoid criminal charges, bankruptcy, a sex offender registry, etc. Annulments essentially deem the marriage void as if the marriage never happened, whereas a divorce ends a legally valid marriage.
South Carolina men’s divorce attorneys provide answers to frequently asked questions with regards to the divorce process and divorce laws in South Carolina.
South Carolina recognizes no-fault and fault based grounds for divorce.