Obviously, jurisdiction questions are intricate; to avoid having his or her case dismissed due to a failure to adequately satisfy jurisdiction, please seek the advice of qualified counsel such as the attorneys here at The La Mantia Law Firm.In South Carolina, the Family Court has exclusive jurisdiction over actions for divorce.South Carolina Family Court has jurisdiction to equitably divide the parties’ marital property.
Whether or not a spouse should leave the marital home and whether there would be any detrimental consequences of doing so truly depends on the individual circumstances of each case.The choice to move out of the marital home does not forfeit a spouse’s right to an equitable division of marital property.There are five types of alimony: Alimony can be modifiable (it can be changed later based on a change of financial circumstances of either party) or non-modifiable (cannot be changed.) Separate maintenance and support refers to pre-divorce support payments made by one spouse to another spouse.While either the Plaintiff or Defendant may be eligible for alimony, fault by either party is considered by the court when determining the alimony amount.South Carolina does not recognize a legal separation. However, there is a similar type of action called “An Action for Separate Support and Maintenance.” This action is very similar to other states’ legal separations.
A separation is when the parties live in two separate locations.
The actual divorce, though, cannot be granted until three months have passed since the case was filed.
With the no-fault divorce on the ground of one year’s separation, the Plaintiff may file the action one year and one day after the year of continuous separation passes.
To adequately protect your interests, we recommend that you consult with an experienced family law attorney who can give you sound legal advice on this topic, tailored specifically to your own situation.
Alimony is post-divorce support payments made by one former spouse to another former spouse.
While each case is different, there are a few general rules to consider.