South Carolina Complaint for Divorce Form

Use this template/form as a Complaint for Divorce Form in the State of South Carolina

South Carolina Complaint for Divorce

Text version of this 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, 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, 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 ________________________

(month/day), _____ (year), in ________________________ County, City of

______________________ in the State of ___________________________.

7. Plaintiff and Defendant separated on or about (month/day)

_____________________________, _____ (year). 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:

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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

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.

15.

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;

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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; (If no name change is requested, please leave

blank).

C. For all other just and proper relief.

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.

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