Divorces

Divorce in South Carolina – Dividing Assets

Dividing assets in South Carolina occurs after you have decided the marriage is no longer working. If you thought making the decision to terminate the marriage was hard, dividing assets, sometimes accumulated over a lifetime, is sometimes much harder. 

Fault vs. No-Fault Divorce in South Carolina

When discussing the grounds for a divorce, you are usually talking about breaking up a marriage due to fault. In South Carolina, basing a divorce on fault is one of two ways to formally end a marriage. The other is a no-fault divorce where neither party needs to prove fault. Let’s look at the pros and cons of the divorce types.

Can Child Custody Be Impacted by Divorce Grounds in South Carolina?

Under South Carolina child custody laws, judges may consider many factors when deciding custody cases. Absent abuse or other wrongdoing, courts believe that a child benefits from having both parents play an active role in the child’s life.

Therefore, courts prefer that the parents work out a custody and visitation schedule that allows the child to continue a close relationship with both parents. The court has the final say on whether the arrangement is in the best interest of the child.

Does South Carolina Have a No-Fault Divorce?

Many states have opted for no-fault divorces. In the states with a true no-fault divorce, either party can petition the court to dissolve the marriage. There does not have to be a reason other than one spouse does not wish to remain married.

Other states require parties to have grounds for divorce. Grounds are based on the fault of one party for the breakup of the marriage. South Carolina continues to use grounds for divorce actions. The grounds for divorce in South Carolina could differ slightly from other states’ grounds for divorce actions.