Divorce

It is important to seek an attorney’s advice before filing for divorce.  Often there are many issues that should be resolved before seeking a final divorce including Child Custody, Visitation, Equitable Distribution and Separate Support and Maintenance.

 The Family Court has exclusive jurisdiction to decide divorce cases in South Carolina.  S.C. Code § 20-7-420 (1976 Supp.).  Before the Family Court can exercise in rem jurisdiction over a marriage and grant a divorce, the party seeking a divorce must be domiciled in the state of South Carolina.  The South Carolina Supreme Court defined “domicile” as the place where a person has his/her true, fixed and permanent home and principal establishment, and during absence, a place to which he/she has an intention of returning.  Gasque v. Gasque 246 S.C. 423, 426 (1965).  Where applicable, the court will factor in property division and custody prior to granting a divorce.

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