Family Law Firm in Mt. Pleasant, SC 

South Carolina family courts to have jurisdiction if one of the following is true:

1. The plaintiff must have resided in South Carolina for at least one year prior to filing.
2. If the Plaintiff is not a resident, then the Defendant must have resided in South Carolina for a least one year prior to filing.
3. When both parties are residents of South Carolina when filing, the plaintiff must have resided in South Carolina for three months before filing.

See SECTION 20-3-30. Residence requirement.

For divorce or separate support and maintenance actions, you must file in

1. the county where the defendant resides when you file,
2. The county where the plaintiff resides if the defendant is a nonresident, or cannot be found after due diligence, or
3. The county in which the parties last resided together as husband and wife, unless the plaintiff is a non-resident, then it must be filed in the county where the defendant resides.

See SECTION 20-3-60. Venue.

You and your spouse can decide and have the court approve the division, or if you cannot decide the court will decide for you us. The court will make a final “equitable apportionment” between the parties of the parties’ marital property. The following factors will be considered:

1. Duration of the marriage together with ages of the parties at the time of marriage and at the time of divorce.
2. Martial Misconduct or fault of either or both parties, whether or not used as a basis for divorce, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage. However, the court will not look at marital misconduct if the conduct took place after the happening of the earliest of
   1. Entry of a temporary order in a divorce or separate maintenance action;
   2. The formal signing of a written property or marital settlement agreement; or
   3. Entry of a permanent order of separate maintenance and support, or of a permanent order approving property or marital settlement agreement between the parties.
3. The value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in the value of the marital property, including the contribution of the spouse as homemaker, considering the quality of the contribution as well as its factual existence.
4. The income of each spouse, the earning potential of each spouse, and opportunity for future acquisition of capital assets.
5. The physical and mental health of each spouse.
6. The need of each spouse or either spouse for additional training or education to achieve income potential.
7. The nonmarital property of each spouse.
8. The existence or non-existence of vested retirement benefits for each or either spouse.
9. Whether separate maintenance or alimony has been awarded.
10. The desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of the children.
11. The tax consequences to each or either party as a result of any particular form of equitable apportionment.
12. The existence and extent of any support obligations, from a prior marriage or for any other reason or reasons, of either party.
13. Liens on the marital property to be equitably divided, or separate property of either of the parties and any other existing debts incurred by the parties or either of them during the course of the marriage.
14. Child custody arrangements and obligations at the time of the entry of the order; and
15. Other relevant factors as the trial court shall state in its order.

See SECTION 20-3-620. Apportionment factors.

Marital property means all real and personal property acquired by the parties during the marriage and which is owned as of the date of filing or commencement of marital litigation, except the following is considered nonmarital property:

1. Property acquired by inheritance, devise, bequest, or gift from a party other than a spouse;
2. Property acquired before the marriage and property acquired after the happening of the earliest of
   • Entry of a temporary order in a divorce or separate maintenance action,
   • The formal signing of a written property or marital settlement agreement, or
   • Entry of a permanent order of separate maintenance and support or of a permanent order approving a property or marital settlement agreement between the parties.
3. Property acquired by either party in exchange for property described in (1) and (2) above.
4. Property excluded by written contract of the parties, meaning any antenuptial agreement which must be fair and equitable so long as it was voluntarily executed by both parties separately represented by counsel and pursuant to full financial disclosure to each other as to income, debts, and assets.
5. Any increase in the value of the nonmarital property, except to the extent that the increase resulted directly or indirectly from efforts of the other spouse during marriage.

Gifts of property from one spouse to the other, or indirectly by way of a third party, are marital property.

See SECTION 20-3-630. Marital property; nonmarital property.