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1 Year Separation Form

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What is the 1 Year Separation

The one year separation is a legal requirement in South Carolina that allows couples to file for divorce after living apart for a continuous period of one year. This separation period is essential for those seeking a no-fault divorce, meaning that neither party must prove wrongdoing by the other. During this time, both parties must maintain separate residences and not cohabit, which is crucial for the divorce process.

Steps to complete the 1 Year Separation

Completing the one year separation involves several key steps:

Establish Separate Residences: Both parties must live in different homes for the entire year.
Document the Separation: Keep records of your living arrangements, such as lease agreements or utility bills, to prove the separation period.
File the Complaint: After one year, you can file a complaint for divorce in the appropriate South Carolina court.
Attend Court Hearings: Be prepared to attend court hearings if required, where you may need to present evidence of the separation.

Legal use of the 1 Year Separation

The one year separation serves as a legal basis for obtaining a no-fault divorce in South Carolina. By adhering to this requirement, couples can avoid the complexities of proving fault, which can often lead to contentious proceedings. The law recognizes the separation as a period for reflection and resolution, allowing both parties to consider their options before finalizing the divorce.

Required Documents

When filing for divorce after a one year separation, several documents are necessary:

Complaint for Divorce: This document initiates the divorce process and outlines the grounds for divorce.
Separation Agreement: If applicable, this outlines the terms agreed upon during the separation, such as asset division and child custody.
Proof of Separation: Documentation that verifies the one year separation, such as utility bills or lease agreements.

Form Submission Methods (Online / Mail / In-Person)

In South Carolina, the submission of divorce forms can typically be done through various methods:

Online: Some courts may allow electronic filing of divorce documents through their websites.
Mail: You can send your completed forms to the appropriate court by mail.
In-Person: Submitting the forms directly at the courthouse ensures that you receive immediate confirmation of your filing.

Eligibility Criteria

To be eligible for a divorce based on the one year separation in South Carolina, certain criteria must be met:

Residency: At least one spouse must have been a resident of South Carolina for at least one year prior to filing.
Separation Duration: The couple must have lived apart for a continuous one year period.
Legal Capacity: Both parties must have the legal capacity to enter into a divorce agreement, meaning they are of sound mind and not under duress.

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