South Carolina No-Fault Divorce (No Children)
Uncontested Divorce
About this Form: This is a no-fault divorce form for use within the State of South Carolina (COMPLAINT FOR DIVORCE). Most courts will require that this form be completed and filed along with a
Marital Settlement Agreement. Please note that in Paragraph 5 (Grounds for Divorce), the Plaintiff will need to specify grounds for divorce that are recognized as valid within the State of South Carolina. South Carolina law recognizes only the following grounds as sufficient for granting a no-fault divorce: Living separate and apart without cohabitation for one year.
COMPLAINT FOR DIVORCE
STATE OF SOUTH CAROLINA, THE ___________________ COURT OF THE _________________ JUDICIAL CIRCUIT
In re: the Marriage of
_______________________________
Plaintiff
and
_______________________________
Defendant |
)
)
)
)
)
)
)
)
) |
_______________________________
Docket No.
|
The Plaintiff, _______________________________, respectfully declares the
following:
1. Plaintiff's Residence: Plaintiff resides at
____________________________________________________________________ [insert
Plaintiff's address] and has been a resident of the State of South Carolina for
_________ [insert period of residence in months and years].
2. Defendant's Residence: Defendant resides at
____________________________________________________________________ [insert
Defendant's address] and has been a resident of the State of South Carolina for
_________ [insert period of residence in months and years].
3. Marriage: On ______________________, _____, in
__________________ (city), __________________ (county), __________________
(state), the Plaintiff and Defendant married. An official copy of the marriage license is attached to this
COMPLAINT FOR DIVORCE.
4. Jurisdiction: This Court is that of proper jurisdiction to hear this
cause. The Defendant has agreed to file an Affidavit of Consent in this cause. Neither the Plaintiff or Defendant has been involved in
any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter.
5. Grounds for No-Fault: Plaintiff wishes a dissolution of
marriage with Defendant based on the following grounds:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
[Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the State of South Carolina.
Sufficient basis for a no-fault divorce within South Carolina is limited to the following: Living separate and apart without cohabitation for one year.
6. Marital Settlement Agreement: Plaintiff and Defendant ___________ have (copy attached) ___________ have
not entered into a Marital Settlement Agreement.
7. Other Declarations:
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
NOW, THEREFORE, Plaintiff requests that the court order a DECREE OF DIVORCE
and such further relief as
Plaintiff may have requested herein.
Verification
I, ______________________________________________[name of Petitioner], affirm under penalty of
perjury that I am the Petitioner in the foregoing COMPLAINT FOR DIVORCE and that all statements in this Petition are accurate to the best of my
knowledge. I have filed this Complaint in good faith and have not colluded with
anyone in relation to it.
| _____________________________________________ |
_________________ |
| Petitioner's Signature |
Date |
_____________________________________________
Petitioner's Address, Line 1
_____________________________________________ |
|
| Petitioner's Address, Line 2 |
|
Subscribed and sworn to before me on this ____ day of __________________,
20_____.
__________________________________
Notary
AFFIDAVIT OF CONSENT
STATE OF SOUTH CAROLINA, THE ___________________ COURT OF THE _________________ JUDICIAL CIRCUIT
In re: the Marriage of
_______________________________
Plaintiff
and
_______________________________
Defendant |
)
)
)
)
)
)
)
)
) |
_______________________________
Docket No.
|
1. A COMPLAINT FOR DIVORCE was filed between Plaintiff and Defendant on the
_________ day of __________________, 20____.
2. The marriage between Plaintiff and Defendant is irretrievably broken and
efforts at reconciliation have failed.
3. I, _______________________________, have received a copy of the COMPLAINT FOR DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made
in the COMPLAINT FOR DIVORCE. I do hereby consent to the relief requested in
therein and to the entry of a DECREE OF DIVORCE
dissolving and forever terminating the marriage between
Plaintiff and Defendant. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the COMPLAINT FOR DIVORCE.
4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DIVORCE
and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause.
5. I affirm under penalty of
perjury that all statements in this Affidavit of Consent are accurate to the best of my
knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with
anyone in relation to it, nor have I been subject to any force or duress in signing it.
| _____________________________________________ |
_________________ |
| Signature |
Date |
_____________________________________________
Address, Line 1
_____________________________________________ |
|
| Address, Line 2 |
|
STATE OF SOUTH CAROLINA
COUNTY OF ________________
Subscribed and sworn to before me on this ____ day of __________________,
20_____.
__________________________________
Notary
Related Divorce Forms: