In South Carolina, the ways to serve your spouse are: Delivering the documents yourself if your spouse will sign an “Acceptance of Service” form. Any third party, such as a sheriff or a process server, who is 18 years or older can hand-deliver the divorce forms to your spouse.
Can you serve your own divorce papers in South Carolina?
South Carolina allows you to serve your spouse personally, as long as you get an “Acceptance of Service” form signed by him or her and file it with the court. If you do not want to serve the papers personally, you can mail them by certified mail.
How are divorce papers served in South Carolina?
South Carolina allows different ways to serve the divorce papers: The easiest way is to have your spouse agree to receive the documents directly from you. Your spouse will have to complete and sign an Acceptance of Service form, which you’ll then file with the court.
Do you have to have an attorney to file for divorce in SC?
No, you do not need an attorney to file for divorce, but you are strongly encouraged to seek the advice of an attorney. If you are seeking a divorce based on a one (1) year continuous separation from your spouse, you may file without the help of an attorney. … You can also complete the divorce packet online on S.C.
How are divorce papers served?
After you file for divorce, a copy of the summons and complaint (and anything else you filed) must be hand-delivered to your spouse (the “Defendant”). This is called “service of process.” The Court does not serve the papers for you. It is up to YOU to make sure your spouse gets served.
Can you get a divorce without the other person signing?
Applying for a divorce can be a difficult decision to make, especially if you’re not sure your partner will sign your petition. Crucially though, you don’t need your partner’s consent to get a divorce. Although it may be a long process if your partner doesn’t comply, they won’t be able to stop you indefinitely.
Can you get a divorce without going to court?
It is possible to get divorced without going to court, as long as your partner agrees to the divorce and the reasons why. However, it is still possible that you will need to go to court to decide what happens to money, property and children.
Who can serve papers in SC?
Service of summons may be made by the sheriff, his deputy, or by any other person not less than eighteen (18) years of age, not an attorney in or a party to the action.
Can you date while separated in SC?
Can I Date While I Am Separated in South Carolina? There is no law that specifically states that you may not date another person while you are separated.
How can I get a quick divorce in SC?
The Simple Divorce Process
- File the Divorce Complaint. …
- Serve Your Spouse and File Proof of Service. …
- Wait for Your Spouse’s Answer and Request a Hearing. …
- Prepare for Your Hearing. …
- Attend the Hearing and Finalize Your Divorce.
How do I get a divorce in SC without waiting a year?
How do I get a divorce in South Carolina without waiting a year? If you can prove a fault-ground for divorce like adultery, habitual drunkenness, physical cruelty, or abandonment, you do not need to wait for the one-year continuous separation.
What is considered abandonment in a marriage in SC?
In South Carolina, abandonment or desertion is defined as not living together for a period of one year, without justification or consent of the other spouse.
What is a wife entitled to in a divorce in South Carolina?
South Carolina’s marital property laws are, like the majority of states, equitable distribution laws. Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.
What can you not do during a divorce?
What Not To Do During Divorce
- Never Act Out Of Spite. You may feel the impulse to use the court system to get back at your spouse. …
- Never Ignore Your Children. …
- Never Use Kids As Pawns. …
- Never Give In To Anger. …
- Never Expect To Get Everything. …
- Never Fight Every Fight. …
- Never Try To Hide Money. …
- Never Compare Divorces.
How long does it take to be served with divorce papers?
The papers will be issued by the court then posted directly to your spouse at the address for service provided. It then takes the court about 2 – 3 weeks to issue and serve the petition on your spouse.
What happens after divorce petition is served?
Once you’ve received the petition, you have 8 days to return the acknowledgement of service form to the court. If you don’t respond within this time, the divorce might be able to go ahead anyway. It is important that you read the petition very carefully and make sure that all of the details are correct.