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Fill and Sign the 1 Year Separation Form

Fill and Sign the 1 Year Separation Form

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STATE OF SOUTH CAROLINA ) IN THE FAMILY COURT )       JUDICIAL CIRCUIT COUNTY OF       ) ) )       ) COMPLAINT FOR DIVORCE Plaintiff, ) (One Year Continuous Separation) vs. ) )       ) Defendant. ) Docket No.       Plaintiff,       , would respectfully show this Court the following: 1. Plaintiff is a resident of       County in the State of       . 2. Upon information and belief, Defendant is a resident of       County, State of       . 3. Plaintiff and Defendant last shared a residence in       County in the State of       . 4. Subject matter jurisdiction (check one): Plaintiff has lived in South Carolina for over one year prior to the start of this action; or Plaintiff and Defendant have both lived in South Carolina for longer than three (3) months prior to the start of this action; or Plaintiff is a resident of another state, but Defendant has lived in South Carolina for more than one (1) year. 5. Plaintiff is informed and believes this Court has subject matter jurisdiction over the issues and personal jurisdiction over the parties in this action. 6. Plaintiff and Defendant were married to each other on       (date) in       County, City of       in the State of       . 7. Plaintiff and Defendant separated on or about       (date). The parties have remained living separate and apart from each other without cohabitation for more than one (1) continuous year prior to filing this action. 8. There are: no minor children of this marriage and none are expected; or       number of child(ren) were born of this marriage: namely Name Date of Birth SCCA 400.02 SRL-DIV (7/2011) Page 1 of 3                                                             9. The parties: have no marital property or have agreed as to how the marital property shall be divided. 10. The parties: have no marital debt or have agreed as to how the marital debt shall be divided. 11. Name Change The ( Plaintiff/ Defendant) requests to resume the former name of _______________________________________________________________________. The ( Plaintiff/ Defendant) does not request to resume the former name. The preference is unknown. 12. Plaintiff believes that this marriage is forever broken and is that Plaintiff is entitled to a complete and final divorce, a vinculo matrimonii , from Defendant upon the ground of One (1) Year’s Continuous Separation, pursuant to § 20-3-10(5) of the Code of Laws of South Carolina, 1976, as amended. 13. Plaintiff gives up the right to alimony and believes Defendant should be barred from receiving alimony from the Plaintiff. 14. There is no collusion (agreement to defraud the court) between the parties to get a divorce, and reconciliation of the parties is not possible. Plaintiff asks that this Court to grant the following relief: A. For an Order of divorce, a vinculo matrimonii , from Defendant upon the ground of One (1) Year’s Continuous Separation, pursuant to § 20-3-10(5) of the Code of Laws of South Carolina, 1976, as amended; (If no name change is requested, please leave blank). B. For an Order allowing the Plaintiff to resume the former name of       pursuant to §20-3-180 of the Code of Laws of South Carolina, 1976, as amended; C. For all other just and proper relief. SCCA 400.02 SRL-DIV (7/2011) Page 2 of 3 I affirm under the penalties of perjury that the statements and representations in the Complaint are true. Date: ________________________, 20____ ___________________________, S.C. Plaintiff’s Signature Printed Name of Plaintiff       Street Address       City, State, Zip       Telephone No. SCCA 400.02 SRL-DIV (7/2011) Page 3 of 3

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