Bifurcation of divorce south carolina
The vast majority of cases without a lawyer involve uncontested divorces where spouses agree on all terms of the divorce and produce a final settlement agreement as a means of cutting down on legal expenses. There may also be other fees you will have to pay as well such as paying to have your court papers served on your spouse. You will also need to pay some sort of a retainer up front to start the process. If you go through a contested divorce, your costs could run considerably higher and take well over a year to resolve. After paperwork is filed, it takes at least 90 days for a divorce to be final per state law.
After the day period, the judge can sign a final Decree of Divorce. Contested divorces can take a much longer amount of time. If your divorce goes to trial, then it could take several months before your case could be heard in front of a judge. If you are going through a financially complicated divorce, you may need someone who can assist you with an accurate and objective analysis of the financial and tax implications of your decisions. This will help you make the right decisions now when it comes to reaching a settlement with your spouse.
While some people with simple situations may only need a family law attorney to help them with this process, many others will benefit from working with a Certified Divorce Financial Analyst CDFA , and preferably someone who is also a Certified Financial Planner CFP. Divorce is complicated enough without trying to reach critical decisions when you may not understand all the consequences of your actions.
To help you better understand the benefits of working with a divorce financial specialist, take a look at our article What is a Certified Divorce Financial Analyst? Bifurcation means that both parties in a divorce can be legally declared as a single person while the issues in their divorce are still being worked out. It does not affect things such as child custody, visitation, child support, alimony or other contentious issues that may have stalled or become major sticking points that are keeping the divorce from being finalized.
Although it is legal in South Carolina, bifurcation is rarely granted because it removes the incentive to resolve all the issues in a divorce and it means additional work for the courts because two trials must take place instead of one. You cannot stop someone from divorcing you in South Carolina. If all of the legal grounds are met, then a spouse can move forward with a divorce no matter how the other spouse feels about it. If you are a petitioner for divorce in South Carolina, you may be able to file a dismissal that will stop the court case from moving forward. But if you are the defendant, you have no recourse.
It provides a summary of the rights and responsibilities of each party, including financial responsibilities and a division of assets. It also covers child custody, visitation, alimony, child support and other similar issues. Copies of an actual divorce decree can be obtained from the Clerk of the Court in the county where the final divorce was held. The divorce decree is a legally binding document, and if either party does not meet the requirements and obligations set forth in the decree, the other party can take legal action to correct any deficiencies.
After a final divorce decree is granted, it is possible to obtain a report of divorce that show basic information such as the names of both spouses and the date and place a divorce was granted, but typically no other information. A report of divorce can provide proof of divorce for many legal purposes. It can be used when a person wants to change the name on any state issued documents, or as proof that the person legally has the right to get married again.
There are several ways to apply for a Report of Divorce. You can get details here. Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. You can email him at jason survivedivorce.
Please leave this field empty. State Overview State Resources. A Guide to Divorce in South Carolina There are a number of issues that will impact you while going through a divorce in South Carolina. Here are several important things to know: The differences between divorce, annulment and separation The grounds for divorce in South Carolina Deciding what type of divorce you will go through The process of filing for divorce How to complete proof of service Filing for a divorce online Filing for divorce without using a lawyer How much does a divorce cost?
How long does it take to get a divorce take in South Carolina? Should I retain the services of a certified divorce financial analyst? What is a divorce decree? What is report of divorce? The differences between divorce, annulment and legal separation In South Carolina, couples can end their marriages through annulment or divorce.
In South Carolina, an annulment can be granted if at least one of the following factors are present: No cohabitation because the spouses never lived together No consummation of the marriage Duress when a spouse was threatened or coerced into the marriage Fraud when one spouse lied or deceived the other spouse about an essential part of the marriage Bigamy Incest because the spouses are closely blood-related Mental incompetence because one spouse did not have the mental competence to consent to the marriage Underage when one or both spouses are under the age of 16 Courts are given broad discretion regarding annulment in South Carolina and they may use other information or circumstances to either grant or deny an annulment.
The grounds for divorce in South Carolina In South Carolina, you can be granted a no-fault divorce when spouses have lived separate and apart without cohabitation for a year. You can also file a fault-basedivorce based on the following reasons: Adultery Desertion for a period of one year Physical cruelty Habitual drunkenness caused by a narcotic drug What are your options for divorce?
The process of filing for divorce Gather important information.
Bifurcation (law) - Wikipedia
Serve your spouse and complete proof of service. Filing for a divorce online Although there are a number of services that can assist you with completing divorce paperwork online you will still need to file your paperwork in person in the county where you currently reside. Filing for divorce without using a lawyer You can file for divorce in South Carolina without using a lawyer. How much does divorce cost in South Carolina? In some cases, it may be possible to have the filing fees waived if you qualify.
In Federal Court , judges have wide discretion to structure trials. Factors evaluated will include congruence of issues, complexity for the jury, and possible prejudice to any of the parties. American Federal Rules of Civil Procedure , Rule 42 b allows the court to decide issues contained in separate trials. In some states, a defendant who has raised the defense of mental disease or defect will automatically create a bifurcated trial. In the first stage of the trial, both sides present evidence and testimony designed to establish that the defendant is either guilty or not guilty.
If the defendant is guilty, the issue of mental disease is presented. States have historically taken different views on bifurcation but most state statutes do not address the subject. Alaska permits the courts, under certain circumstances, to divide the parties' property "at any time after the judgment". Alaska Stat. Michigan law, Mich.
What Is a Bifurcated Divorce?
Frankel, N. Some states, by law, preclude bifurcation. The Nebraska Nebraska Supreme Court , held that all issues must be resolved at the time of dissolution, and in Humphrey v. Humphrey, Neb. The Arizona Supreme Court , in Porter v. Estate of Pigg, Ariz. Superior Court, 22 Ariz. A Texas Court of Appeals , Adam v. Stewart, S. Busa, A.