South Carolina Divorce Steps

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South Carolina Divorce Steps regarding Filing and Service

  • The Petitioner must procure the divorce forms from the court clerk, fill them and file them with the court clerk
  • If the Petitioner has filed the Pauper's affidavit, this Petitioner must carry with him or her the proof of bills, proof of income and bank statements. The judge might demand these proofs
  • The judge might schedule a hearing regarding the pauper's affidavit. During this hearing, the Petitioner must explain why he or she cannot afford to pay the filing fee
  • If the judge orders to pay the filing fee, the Petitioner must do so
  • The court clerk allocates a docket number to the divorce case
  • The Petitioner must record this number on the upper right corner of all pages where it is requested. Further, the Petitioner must make 2 copies of all these pages
  • The next divorce step is that of service. The Petitioner must serve the following documents to the Respondent
    • Complaint for divorce
    • Summons
    • Certificate of exemption
    • Family Court Cover Sheet
  • The mode of service is known as Certified Mail, Restricted Delivery, Return Receipt Requested. If the Petitioner has any query regarding this mode, he or she may contact the local post office
  • If the post office returns the green return receipt card to the Petitioner, he or she must ascertain that the Respondent has signed the card
  • If the Petitioner does not get the green return receipt, then, such a Petitioner must contact the local Sheriff's office for service
  • The Petitioner must now complete the Affidavit of Service. This document should contain the docket number in the upper right hand corner
  • If the service has been done by mail, the date on the green card must be copied on this affidavit
  • A notary public must be a witness that the Petitioner has signed this affidavit
  • If the service has been done by the Sheriff, the Petitioner must request this Sheriff to fill in the bottom half of the affidavit and then notarize it

South Carolina Divorce Steps after Service

  • Excluding the date of service, the court allocates 35 days to the Respondent to file an Answer
  • In case the Respondent fails to file an Answer in the stipulated period, the Petitioner must file the "Application and Affidavit for Default" and "The Request for Hearing"
  • The court clerk schedules the hearing and mails a "Notice of Hearing" to the Petitioner
  • The Petitioner must mail a copy of this notice to the Respondent
  • The Petitioner must fill in Form 0692 (DHEC) i.e. Department of Environmental Control
  • Only the judge is given the right to fill out the details of the Final Decree of Divorce
  • The Petitioner must make 2 copies of the Form 0692 and the Final Decree of Divorce
  • The Petitioner must prepared two legal sized envelopes that have been stamped as per requirement. One must be addressed to self and other to the Respondent
  • While attending the hearing, the Petitioner must carry with self these 2 envelopes and the following
    • Form 0692 with 2 copies
    • Final Decree of Divorce with 2 copies

Divorce Papers


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