10 Myths About South Carolina Family Law

1.  If you were married in S.C., your divorce should be filed in S.C.  Where you were married is not relevant in determining where you can get divorced; where you and your spouse currently reside is what matters.  In order to file for divorce in S.C., at least one of the parties must have been a resident of S.C. for more than a year, or both parties must have resided in S.C. for at least 3 months.  

2.  It’s always a good idea to file before the other person does in order to get the upper  hand.  The person who files fist (Plaintiff) has equal rights to person who responds to the complaint (Defendant).   

3.  As long as you’re separated, you can date other people.  You are married until the day of your divorce.  Dating during a separation period could permanently bar you from alimony and may affect custody, no matter what your separation agreement says.  Also, remember S.C. Family Courts do not require proof that you’ve actually committed adultery; it is only necessary to prove that you had the inclination and the opportunity.  Just being seen in suspicious circumstances may be enough proof.  

4.  If you have lived with your girlfriend/ boyfriend in S.C. for over 5 years,  you’re married by Common Law.  Common Law Marriage does exist in S.C., but it is not determined by the length of time a couple has lived together.  

5.  A parent who is not paying child support has no right to visitation with his or her child.  Visitation rights are not linked to a parent’s payment or non-payment of child support.  

6.  If you’ve been married for less than a year, you can get an annulment.  Annulments are extremely rare, extremely hard to obtain and are not based on the amount of time you’ve been married.  

7.  If you lose your job, you can stop paying child support.  To modify a child support order, you must file an action to seek relief from the family court.  If you don’t pay your child support as ordered arrears will accrue and you may be held in contempt.  

8.  The father can’t get custody in S.C.  Either parent can get custody; it is determined based on what’s in the best interest of the child.  Also, just because a person is a less than stellar spouse, does not necessarily mean they are a bad parent.

9.  I paid for it, it’s mine.  Property acquired during your marriage is likely “marital property” and may be subject to division by the Family Court.  Even property that was “yours” prior to the marriage may now be “marital property” and may be subject to division by the Family Court.  

10.  You can get divorced based on emotional abuse.  Emotional abuse is not a ground for divorce in S.C.  There are only 5 grounds for divorce in S.C.:  Adultery, Physical Cruelty, Desertion for more than one year, Habitual Drunkenness/ Drug Abuse, and Separation for a period of one year.