I have numerous health issues, so, I felt this was the best route to take. My husband and I have been married for 3 years and are settled in Illinois.With the passage of time, our rapport with each other reduced drastically and were no longer happy in the marriage.In every state, some type of “no-fault” divorce is available.
How can we make a separation contract complying with all legal formalities? As we do not get along well, we have decided to live separately.
However, we do not want to file for a divorce but we would like to file a separation agreement. Two years ago, my husband and I planned to separate, and, had a separation agreement which was recorded at the courthouse.
(Code of Laws for South Carolina - Chapter 3; Sections 20-3-10) State of South Carolina, The Family Court of the __________ Judicial Circuit. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited.
This is the South Carolina court where the divorce will be filed. Violation of this notice will result in immediate legal action.
(Code of Laws for South Carolina - Chapter 3; Sections 20-3-30, 20-3-60, 20-3-80) The Complaint for Divorce must declare the appropriate South Carolina grounds upon which the divorce is being sought. All income is typically verified by examining past W-2's and child support worksheets are available at the courthouse.
The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. In any proceeding for the award of child support, there is a rebuttable presumption that the amount of the award which would result from the application of the guidelines is the correct amount of child support to be awarded.
However, the court can’t divide non-marital property.
Non-marital property is property that was acquired by a spouse 1) before the marriage or 2) by inheritance or gift to the spouse alone during the marriage, or 3) is excluded from marital property by a written contract or prenuptial agreement.
The requirements are as follows: In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent's income.
Actions for divorce from the bonds of matrimony or for separate support and maintenance must be tried in the county (a) in which the defendant resides at the time of the commencement of the action, (b) in which the plaintiff resides if the defendant is a nonresident or after due diligence cannot be found, or (c) in which the parties last resided together as husband and wife unless the plaintiff is a nonresident, in which case it must be brought in the county in which the defendant resides. These two support amounts are then offset to establish which parent will pay the other parent for support of the child.
My husband and I live in Washington and we have decided to live separate.