South Carolina

Marriage & Family Law Home

How is Alimony Granted?

In the state of South Carolina, in the proceedings for divorce from the bonds of matrimony, or following a such proceedings, the court may grant alimony or separate maintenance and support in such amounts and for such terms as the court finds appropriate. ....... Click here to get more info on Alimony

How is Child Support Determined?

In an action for divorce from the bonds of matrimony the court can, at any stage/from time to time after the final judgment, make orders concerning the care, custody, and maintenance of the children of the marriage and what security can be given for the same circumstances of the parties, the nature of the case, the best spiritual, and other interests of the children which might be fit, equitable and just. ....... Click here to get more info on Child Support

What Factors are Considered in a Custody Case?

S]ome custody orders may have either spouse or any other party to the following:

• to stay away from the home or from the other or either spouse or children



• to permit either spouse to visit the children at certain periods of time



• to abstain from offensive conduct against the other spouse or either of them, or against the children



• to bring attention to care for the home



• to refrain from acts that would make the home not a proper place for any household member



• to grant custody of the children, to either spouse, or to any other person or institution



• to determine the plan in how sums ordered paid for support shall be paid and applied



• to require a person ordered to support another to give security by a written undertaking that he will pay the sums ordered by the court for such support and, upon the failure of any person to give such security by a written undertaking when required by order of the court, to punish such person for contempt and, when appropriate, to discharge such undertaking



• in lieu of requiring an undertaking, to suspend sentence and place on probation a person who has failed to support another as required by law, and to determine the conditions of such probation and require them to be observed; to revoke such suspension of sentence and probation, where circumstances warrant it; and to discharge a respondent from probation



• to release on probation prior to the expiration of the full term a person committed to jail for failure to obey an order of the court, where the court is satisfied that the best interest of the family and the community will be served thereby



• to modify or vacate any order issued by the court



• to order either before, during or after a hearing a mental, physical and psychiatric examination as circumstances warrant



• to exclude the public from the courtroom in a proper case



• to send processes or any other mandates in any matter in which it has jurisdiction into any county of the State for service or execution in like manner and with the same force and effect as similar processes or mandates of the circuit courts, as provided by law



• to compel the attendance of witnesses



• to enforce any order necessary, to determine any questions of support, custody, separation, or any other matter where the court has authority

to require spouse to furnish support or to be liable for nonsupport, as provided above, if, at the time of the filing of the petition for supports:

• he is residing or domiciled in the county or when such area is the matrimonial domicile of the parties



• he is not residing or domiciled in the area referred to in subsection (A), but is found therein at such time, provided the petitioner is so residing or domiciled at such time



• he is neither residing or domiciled nor found in such area but, prior to such time and while so residing or domiciled, he shall have failed to furnish such support, or shall have abandoned his spouse or child and thereafter shall have failed to furnish such support, provided that the petitioner is so residing or domiciled at that time

to order visitation for the grandparent of a minor child where either or both parents of the minor child is or are deceased, or are divorced, or are living separate and apart in different habitats, if the court finds that:

• the child's parents or guardians are unreasonably depriving the grandparent of the opportunity to visit with the child, including denying visitation of the minor child to the grandparent for a period exceeding ninety days



• awarding grandparent visitation would not interfere with the parent-child relationship; and the court finds by clear and convincing evidence that the child's parents or guardians are unfit; or the court finds by clear and convincing evidence that there are compelling circumstances to overcome that the parental decision is in the child's best interest.

The family court has exclusive jurisdiction:

• to determine matters which come within the provisions of the Unifo ....... Click here to get more info on Custody

What are the Grounds for Divorce?

In South Caroina a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce include:

• adultery



• cruelty



• desertion



• addiction

One of the parties seeking a divorce must have resided in the State for a period of 1 year prio ....... Click here to get more info on Divorce

How are Visitation Rights Granted?

South Carolina law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply. ....... Click here to get more info on Visitation

How Does Property Division Work?

Under South Carolina law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. Equitable division does not mean marital property is divided equally, it is divided in manner that results in a fair or equitable result for each spouse.

Courts will consider the following factors:

each spouse’s share of the marital property; monetary; the economic circumstances of each spouse; the conduct of each spouse including any marital misconduct' ; the value of the marital property and whether each spouse will s ....... Click here to get more info on Property Division