The Divorce Process

If you reside in South Carolina, the first step of divorce is the service of the summons and the complaint; essentially, this is the paperwork which outlines what you and your spouse both want. If you served your spouse, they will be considered the defendant (and vice-versa); after being served, the defendant will have a total of thirty days in which to file a formal written response to the summons and complaint. Their counterclaim can include a request for any other form of relief that they desire.

Depending on the circumstances, the court may at this time order both of the parties to attend mediation. Mediation is an out-of-court solution to working through issues that may otherwise eat up a lot of time, energy and money in the courtroom. Many people find that it is a less volatile form of resolution, and allows for a more peaceful environment where issues such as child custody and visitation can be sorted out. In some cases, the court may also order a parenting course.

If spouses are able to come to an agreement, their attorneys can present it to the Family Court during a hearing with the request of judge to issue an official court order. If, however, divorcing spouses are unable to come to an amiable agreement in mediation, they will move toward trial; this will happen two months after the service of the summons and complain, except in cases involving separation.

During the trial, with the help of their attorneys, both sides will present their case to the court—showcasing evidence that proves why they should receive what they are asking for, regardless of whether it is custody of the children or alimony payments. In some cases, the spouses will need to attend a temporary hearing to work our issues prior to the final hearing; this is used to present evidence by affidavit. In most cases, except those involving separation, a final decree can be granted three months after initial service.