South Carolina Summons for Divorce Form (SCCA 400.01 SRL-DIV), is a legal document served to the defendant on behalf of the plaintiff to attend the hearing of the divorce case in-person or through a representation of an attorney.
The defendant must respond in thirty days (30 Days Summons) or in thirty-five days (35 Days Summons) when the summons is served by means of certified mail, restricted delivery, return receipt requested. However, the court reserves the rights to grant a divorce in favor of the plaintiff in the absence of any response from the defendant. You as the plaintiff must complete Summons for Divorce in South Carolina (Form SCCA 400.01) , in every respect and abide by the governing regulations of the Family Court.
In addition, you as the plaintiff and the defendant must agree mutually upon the custody of the child if any, debts, and marital property before filing the South Carolina Summons for Divorce Form. You may need to produce duly completed other forms of the packet as supporting documents. The Simple South Carolina Divorce Packet has 18 forms, including this one (The Form SCCA 400.01).
Before you Submit the Summons for Divorce, South Carolina
- You must read the South Carolina Summons for Divorce Form carefully to understand provisions.
- Please sign the document and provide your address on the respective lines of the form.
- You as plaintiff can seek relief from the Family Court in case the defendant fails to respond within the granted period to reply.
- You must ensure the completion of one year of continuous separation without any co-habitation.
- You must enclose the necessary forms from the 18 forms of the packet in support to your petition as and when necessary.
- Read modes of Services of Process to understand the provisions for serving the summons upon the defendant.
Start by entering the name of the county of South Carolina State followed by your name as a plaintiff and then the name of the defendant. Mention the name of the Judicial Court in the space provided for the same. Enter the docket number on the next line. Certain inputs are required from the court’s clerk.
Enter defendant’s legal name on the next line to address this summons to the defendant.
The last part of the summons has space for date, plaintiff’s signature, and address. Provide these details accurately and sign on the line reserved for the same. You do not have to sign before a Notary Public of South Carolina State. Type a name of the county of South Carolina State on the line reserved on the left. Submit the duly completed summons to the clerk of the court for further processing.