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South Carolina

South Carolina

South Carolina

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law


Grounds: Adultery; physical cruelty;desertion for one year; habitual drug/alcohol drunkenness;separation for one year.

Residency: One party resident 1year; if both residents when action commenced, then only 3- monthrequirement.

Waiting Period: Decree cannot beentered until 3 months after filing unless divorce sought ongrounds of separation or desertion.

No Fault: Separation (for 1 yearcontinously).

Defenses: Collusion.

Code Section: 20-3-10 to 440

Uniform Child Custody Act:1981
Joint Custody:Yes, signed by Governor 1996.
Grandparent Visitation:Yes, 20-7-420(33)
Child's Wishes Considered:No
Code Section: 20-3-160

Community Property: No


Grounds: Marriage invalid withoutcohabitation.

Time Limitation: None listed.

Legitimacy of Children: Partiesentering bigamous marriage in good faith have legitimatechildren.

Prohibited Marriages: Mentalincompetent; between ancestor and descendant, spouse of ancestoror descendant, uncle and niece, aunt and nephew; bigamousmarriages are void unless former spouse absent and unheard of for5 years.

Code Section: 20-1-10, 80, 90, 530,550


Midland Area Support Group Network
Lexington Medical Ctr.
2720 Sunset Blvd.
West Columbia, SC 29169
Phone: (803)791-9227
Nancy T. Farrar, Director

Office of Child Support EnforcementRegional Representative (South Carolina)
101 Marietta Tower, Ste. 821
Atlanta, GA 30323
Phone: (404)331-5733

South Carolina Bar
950 Taylor St.
PO Box 608
Columbia, SC 29202
Phone: (803)799-6653
Fax: (803)799-4118
The Bar offers a toll-free lawyer referral service in SouthCarolina, (800) 868-2284, accessible out-of-state at (803)799-7100; and legal information recordings through LawLine, (800)521- 9788 in-state and (803) 771-0011 elsewhere.

South Carolina Child Support EnforcementDivision
Department of Social Services
3150 Harden St.
PO Box 1469
Columbia, SC 29202-1469
Phone: (803)737-5870
Fax: (803)737-6032

South Carolina Department of Health andEnvironmental Control
Office of Vital Records and Public Health Statistics
2600 Bull St.
Columbia, SC 29201
Phone: (803)734-4830
Responds to public inquiries for birth and death records datedfrom 1915, marriage records dated from July 1, 1950, and divorcerecords dated from July 1, 1962. Charges $8 fee for recordssearch which includes one copy of record if located. Certifiedcopies of records also cost $8. Marriages dated from July 1, 1911are filed in county probate judge offices. Fee varies. ForCharleston (city events only), death records dated from 1821 andbirth records dated from 1877 are filed with Charleston CountyLibrary, Charleston, SC. Charleston marriage records (city eventsonly) dated from 1879 are filed in office of probate judge,Charleston County. Certified copies cost $2. Ledger entries ofbirths dated 1895 to 1914 for the City of Florence are filed withthe Florence County Health Department. Certified copies cost $8.Divorce records dated from April 1949 (state has no divorce lawsprior to this date) are filed with clerk of court of common pleasin each county. Fee varies. Certificate of divorce filed withOffice of Vital Records and Public Health Statistics from July 1,1962. Additional copies of any records ordered at the same timecost $3 each. For all inquiries, enclose stamped, self- addressedenvelope.

South Carolina Financial InstitutionsBoard
1015 Sumter St.
Columbia, SC 29201
Phone: (803)734-2001

South Carolina Insurance Department
PO Box 100105
Columbia, SC 29202-3105
Phone: (803)737-6117
Free: 800-768-3467

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