One possible misconception about divorcing your spouse in South Carolina is that you will need their consent in order to do so. We have all seen shows or movies where a divorce is held up when one half of the couple refuses to cooperate. In Greenville, South Carolina, it is possible to divorce your spouse without your partner’s consent.
This doesn’t mean, however, that you can bypass all of the laws governing divorce and domestic relations in the state. For further clarification on how to divorce your spouse, a trusted family lawyer in Greenville, South Carolina can help.
Divorce Without a Partner’s Consent: What Does the Law Say Greenville, South Carolina?
In the state of South Carolina, the consent of your spouse is not a requirement in order to file for divorce. It is possible to divorce your spouse without their consent as long as the requirements of residency and valid grounds for divorce are observed completely.
In connection to the divorce proceedings in Greenville, South Carolina, there is one arrangement that both spouses must agree to. This is known as the Orders of Separate Maintenance and Support, issued by the South Carolina Family Courts. These orders, which must be settled by both spouses even while the divorce proceedings are ongoing, are meant to take care of issues concerning child custody, child support, visitation schedules, marital assets maintenance, and more.
Although the state makes it possible for you to get a divorce without your partner’s consent, you will still need to abide by important state rules on divorce and family law concerns. If you plan to divorce your spouse and also wish to set your separate affairs in order, you may file a summons and complaint on this order through your family lawyer in Greenville, South Carolina.
Requirements When Planning to Divorce Your Spouse in Greenville, South Carolina
Divorce requirements in the state of South Carolina are outlined in the South Carolina Code of Laws. While you may not be held back by a divorce because you do not have your partner’s consent, you will still need to satisfy one or several of the following valid grounds for ending a marriage when planning to divorce your spouse:
- Physical violence
- Desertion for one year or more
- Habitual drunkenness
- Living separately for a period of one year
Another requirement if and when you decide to divorce your spouse in South Carolina involves residency of at least one year in the state before the divorce papers are filed. You need to be a resident of South Carolina for at least a year, but if you are a non-resident, your spouse needs to be a resident himself or herself, and to have resided in the state three months prior to the serving of the divorce complaint.
What Happens If There is An Attempt at Reconciliation between Spouses in Greenville, South Carolina?
Under South Carolina laws, it is possible for two divorcing parties to attempt reconciliation, for which a special referee will have to be summoned by the court. This case can happen if your spouse has not been informed of your decision to divorce and wants to fix the marriage instead. No divorce may be served in this instance unless the special referee has submitted a report, or in the absence of a referee, the court has determined that while attempts have been made, the parties involved have not availed of any effort at reconciliation.
Should I Seek the Help of a Trusted Divorce Lawyer in Greenville, South Carolina?
Although consent is not needed to divorce your spouse, the rest of the proceedings can become complicated. To ensure that all your decisions are guided by the right South Carolina divorce laws, it is important that you work with a committed family law lawyer based in Greenville, South Carolina.
From residency requirements to making sure that the divorce is grounded on valid reasons, the procedures can be difficult to sort out, depending on your unique situation. Additionally, other matters that arise from a decision to divorce, such as marital support and child custody, will necessitate dedicated legal help.
Reach Out to Greenville Family Law to Divorce Your Spouse in South Carolina
If you have questions pertaining to your plans to divorce your spouse in Greenville, South Carolina, talk to an experienced divorce lawyer. Here at the Greenville Family Law, we are ready to answer your questions regarding getting a divorce without your partner’s consent. Talk to us today to begin your consultation on how to divorce your spouse in Greenville, South Carolina.