Filing for divorce is different in each state, so it is important to know how divorce is handled in the state where you live. This includes knowing how long the marriage lasted and how long the separation has been. These are just some of the important factors in determining how and where to file for divorce, and can make the official paperwork easier to navigate.
Grounds for Divorce
South Carolina has different "fault" grounds for divorce and a "no-fault" ground too with requirements for each type of ground. In order to file for divorce, you must have a ground that you can prove exists to granted a divorce from your spouse on that ground. The "no-fault" ground requires that you and your spouse be separated continuously for at least 1 full year before you can file a case and ask to be granted a divorce on that ground. If no ground for divorce exists, you can file for a separation if you and your spouse are in fact living separate and apart.
Plaintiff and Defendant
In cases of divorce, the plaintiff is the party who has filed/initiated the action, and the defendant is the person who did not. In legal proceedings, it is important not to get these terms confused.
If you have any questions about your situation, it is best to get legal advice. To speak with an attorney today, contact Paul A. Meding PA, Attorney at Law at 803-779-0774.