How to Prepare for Divorce in South Carolina
Preparing for divorce in South Carolina can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in South Carolina
Fault Type
Both fault and no-fault
Waiting Period
1 year separation for no-fault
Property Division
Equitable distribution
Residency Requirement
1 year in SC (or 3 months if both residents)
- South Carolina requires 1 year of separation for no-fault divorce.
- Fault-based divorce can proceed without separation.
- South Carolina has varying residency requirements.
How to Prepare for Divorce in South Carolina
⚖️ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (1 year in SC (or 3 months if both residents))
- Decide whether an attorney or mediator best fits your situation
- Research South Carolina's both fault and no-fault divorce options
💰 Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3–5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
South Carolina divides marital property equitably, considering 15 statutory factors.
👨👩👧👦 If You Have Children
- Learn South Carolina custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
South Carolina courts prioritize the child's best interest and consider many factors including parental fitness.
🔐 Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
South Carolina Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during South Carolina's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
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