Fill and Sign the South Carolina Decree Divorce Form

STATE OF SOUTH CAROLINA ) IN THE FAMILY COURT )       JUDICIAL CIRCUIT COUNTY OF       ) ) )       ) FINAL ORDER OF DIVORCE Plaintiff, ) (One Year’s Continuous Separation) vs. ) )       ) Defendant. ) Docket No.       Plaintiff Attorney:       Hearing Date:       Defendant Attorney:       Judge:       Guardian ad Litem:       Court Reporter:       A hearing for complete and final divorce was held in this case on the date listed above. Plaintiff and Plaintiff’s witness were present at the hearing. Defendant ( was/ was not) present and ( was/ was not) represented by an attorney. This case is before this Court upon the Complaint of Plaintiff who is requesting that this Court grant a complete and final divorce 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. The original Family Court Cover Sheet, Certificate of Exemption, Summons, Complaint for Divorce, and Financial Declaration were filed in the Office of the Clerk for       County on       (date). A copy of these documents was served upon Defendant by ( Certified Mail/ Process Server/ Personal Service/ Sheriff’s Office) on       (date). After being duly sworn, Plaintiff stated to the Court that reconciliation of the parties was not possible. Plaintiff then offered testimony, which substantiated the allegations found in the Complaint, and which was corroborated by the duly-sworn witness. FINDINGS OF FACTS and CONCLUSIONS OF LAW This Court, after hearing the testimony and considering the other evidence in this case, makes the following findings of fact: 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       . Page 1 of 4 SCCA 400.10 SRL-DIV (01/2012) 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. Defendant was served with a copy of the Family Court Cover Sheet, Certificate of Exemption, Summons, Complaint for Divorce, and Financial Declaration by ( Certified Mail/ Process Server/ Personal Service/ Sheriff’s Office) on       . 9. Defendant ( did/ did not) file an Answer or other responsive pleading. 10. Defendant ( is/ is not) in default. 11. All legal requirements as to filing, service, notice and waiting periods have been met. 12. Present at the hearing were Plaintiff and Plaintiff’s witness,       . Both presented testimony and/or evidence as to the parties living separate and apart without cohabitation for more than one (1) year. 13. Based on the testimony of Plaintiff and Plaintiff’s witness, the parties have lived separate and apart from each other without cohabitation for more than one (1) continuous year. 14. Child Custody, Visitation, and Support 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                                                             Custody and visitation are not contested in this action; or Page 2 of 4 SCCA 400.10 SRL-DIV (01/2012) The parties have reached an agreement as to how custody, visitation, and support, which is attached. The attached agreement is incorporated and made a part of this Order. 15. Marital Property The parties have no marital property. The parties have reached an agreement as to how the marital property shall be divided, which is attached. The attached agreement is incorporated and made a part of this Order. 16. Marital Debt The parties have no marital debt. The parties have reached an agreement as to how the marital debt shall be paid, which is attached. The attached agreement is incorporated and made a part of this Order. 17. Plaintiff and Defendant waive alimony. 18. Reconciliation of the parties is not possible. 19. ( Plaintiff’s/ Defendant’s) requested that his/her name be changed pursuant to § 20-3-180 of the Code of Laws of South Carolina, 1976, as amended that allows ( Plaintiff Defendant) to change her name from       to       . 20. There has been no collusion between the parties in bringing this action. 21. Plaintiff is entitled to a complete divorce, a vinculo matrimonii , from the Defendant on the ground of One (1) Year’s Continuous Separation. WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: A. Plaintiff is hereby granted a complete and final divorce , a vinculo matrimonii, from the 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 ; B. The agreement was entered freely and voluntarily and the court finds the agreement is in the best interests of the parties and any minor children, if applicable; C. If applicable, the parties’ agreement(s) is/are made a part of this Order and is/are enforceable through the contempt powers of the Court ; D. That both parties are barred from receiving alimony from each other ; and E. If requested, ( Plaintiff/ Defendant) is allowed to resume the use of the maiden/former name of       . Page 3 of 4 SCCA 400.10 SRL-DIV (01/2012) I further find       . AND IT IS SO ORDERED. Date: _____________________, 20_____ _________________________________________ ________________________________, S.C. Family Court Judge Page 4 of 4 SCCA 400.10 SRL-DIV (01/2012)