divorce generally

Question 1

What is a temporary hearing also known as?

Answer 1

Temporary hearing is also known as pendente lite.

Question 2

When is a temporary hearing held?

Answer 2

A temporary hearing is held a couple of weeks after the filing of the pleadings.

Question 3

How can desertion impact legal decisions?

Answer 3

Desertion could impact decisions even made at a temporary hearing.

Question 4

What is the judge’s duty regarding reconciliation?

Answer 4

The judge has a duty to ask about reconciliation between the parties.

Question 5

What is usually needed for grounds of divorce?

Answer 5

You usually need witness corroboration for whatever ground of divorce.

Question 6

Is there an exception to needing witness corroboration?

Answer 6

Yes, the exception is if there is clear proof on the ground of divorce.

Question 8

What is the first ground for divorce?

Answer 8

Adultery.

Question 9

What is the second ground for divorce?

Answer 9

Desertion for a period of one year.

Question 10

What is the third ground for divorce?

Answer 10

Physical cruelty.

Question 11

What is the fourth ground for divorce?

Answer 11

Habitual drunkenness; this includes habitual drunkenness caused by the use of any narcotic drug.

Question 12

What is the fifth ground for divorce?

Answer 12

If the husband and wife have lived separate and apart without cohabitation for a period of one year.

Question 13

What is the residence requirement for a plaintiff (P) to institute an action for divorce?

Answer 13

P must have resided in this State at least one year before the beginning of the action.

Question 14

What is the residence requirement for a (d) in a divorce action if P is a non resident

Answer 14

If P is a non-resident, the d must have resided in the state for one year before the beginning of the action.

Question 15

What is the residence requirement if both parties are residents of the state when the action begins?

Answer 15

The P must have resided in the state only three months before the beginning of the action.

Question 16

How is ‘residents’ or ‘resided’ defined for military personnel in this context?

Answer 16

It means a continuous presence in this State for the period required, regardless of intent to permanently remain in South Carolina.

Question 17

Where must a divorce or separate support and maintenance action be tried?

Answer 17

In the county where the defendant resides at the time of the commencement of the action.

This applies if the defendant is a resident.

Question 18

What if the defendant is a nonresident or cannot be found?

Answer 18

The action must be tried in the county where the plaintiff resides.

This applies after due diligence cannot locate the defendant.

Question 19

Where should the action be tried if the parties last resided together as husband and wife?

Answer 19

In the county where they last resided together, unless the plaintiff is a nonresident.

In that case, it must be brought in the county where the defendant resides.

Question 20

What is the required delay before a case can be referred to a referee after filing a complaint?

Answer 20

No reference can be made before two months after the filing of the complaint.

Question 21

What is the required delay before a final decree can be issued after filing a complaint?

Answer 21

No final decree can be issued before three months after the filing.

Question 22

What grounds for divorce do the required delays apply to?

Answer 22

The required delays apply to fault grounds for divorce, such as adultery, physical cruelty, and habitual drunkenness.

Question 23

When can a hearing be held in a no-fault divorce case?

Answer 23

A hearing can be held after the responsive pleadings have been filed or after the respondent has been adjudged to be in default, whichever occurs sooner.

Question 24

What are examples of no-fault divorce grounds?

Answer 24

Examples of no-fault divorce grounds include desertion and one year separation.

Question 25

What is the role of a master or special referee in reconciliation attempts?

Answer 25

The master or special referee shall summon the parties and make an earnest effort to bring about a reconciliation between them.

Question 26

Under what condition can a judgment of divorce be granted?

Answer 26

No judgment of divorce shall be granted unless the master or special referee certifies in his report that reconciliation efforts were attempted and unavailing.

Question 27

What must a trial judge state in the decree regarding reconciliation efforts?

Answer 27

The trial judge must state that he has attempted to reconcile the parties and that such efforts were unavailing.

Question 28

What is the process for reconciliation when one party is in the armed forces overseas?

Answer 28

An affidavit by the party serving overseas can be accepted by the court instead of a certification of unsuccessful reconciliation.

Question 29

What must the affidavit state for a member of the armed forces serving outside the continental U.S.?

Answer 29

The affidavit must state that, as far as the party is concerned, reconciliation is impossible.

Question 30

Who can administer the oath for the affidavit?

Answer 30

The affidavit must be taken before an officer of the armed forces authorized to administer oaths.

Question 31

What are examples of officers who can administer the oath for the affidavit?

Answer 31

Examples include a judge advocate, commanding officer, or another designated official.

Question 32

What is required if one party is serving outside the continental U.S. as a member of the armed forces?

Answer 32

They are not required to participate in a formal reconciliation attempt.

Question 33

What can a party submit if they believe reconciliation is impossible?

Answer 33

They can submit an affidavit (a sworn written statement).

Question 34

Who must take the affidavit for it to be valid?

Answer 34

The affidavit must be taken before an officer of the armed forces authorized to administer oaths.