In South Carolina, navigating the path to a final decree of divorce involves several key legal steps, one of which is the completion of the SCBar SD-8 form, an essential document used in the family court system. This form serves as the final decree of divorce, officially documenting the dissolution of marriage between two parties. The document requires detailed information including the names of the plaintiff and defendant, the county of jurisdiction, as well as the date and outcomes of the hearing presided over by a judge. The form is specifically designed for self-represented plaintiffs, streamlining the process by clarifying that the plaintiff does not have legal representation. It outlines the requirement for the plaintiff to prove a one-year continuous separation from their spouse as grounds for divorce, in accordance with § 20-3-10(5) of the Code of Laws of South Carolina, 1976, as amended. Further, it guides the plaintiff through the requirements for fulfilling legal prerequisites such as service of the divorce documents, including the Family Court Cover Sheet, Certificate of Exemption, Summons, and Complaint for Divorce. Additionally, it addresses matters like jurisdiction, residency, service and response by the defendant, procedural regularity, marital history, separation, issues of custody, property, and debt, alimony, and the possibility of reconciliation. The document's thoroughness ensures that all factual and legal bases are covered, facilitating a clear pathway towards the finalization of the divorce.
Question | Answer |
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Form Name | Form Scbar Sd 8 |
Form Length | 3 pages |
Fillable? | No |
Fillable fields | 0 |
Avg. time to fill out | 45 sec |
Other names | form scbar sd 8 pdf, scbar sd 8 form, south carolina will forms, III |
STATE OF SOUTH CAROLINA |
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IN THE FAMILY COURT |
COUNTY OF ________________ |
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_____________JUDICIAL CIRCUIT |
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_____________________________________, |
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Plaintiff |
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FINAL DECREE OF DIVORCE |
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v. |
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200___ - DR |
_____________________________________, |
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Defendant |
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__________________________________________)
Date of Hearing: _________________________________________________________
Presiding Judge: _________________________________________________________
Plaintiff’s Attorney:
Defendant’s Attorney: ____________________________________________________
Court Reporter: ___________________________________________________________
A hearing for complete and final divorce was held in this case on the
!was
!was not present and
!was
!was not
represented by an attorney.
This case is before this Court upon the Complaint of the Plaintiff who is requesting that this Court grant a complete and final divorce from the Defendant upon the ground of One (1) Year Continuous Separation, pursuant to §
The original Family Court Cover Sheet, Certificate of Exemption, Summons, and Complaint for Divorce were filed in the Office of the Clerk for ______________________ County on (date)_________________________,
200_____.
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A copy of these papers was served upon the Defendant by: !Certified Mail
!Personal Service.
Though Defendant was sent a Notice of the Final Hearing, the Defendant filed no contested Answer or other response, and an Affidavit for Default was filed by the Plaintiff with this Court. After being duly sworn, Plaintiff stated to the Court that reconciliation of the parties was not possible. The Plaintiff then offered testimony, which substantiated the allegations found in the Complaint, and which was corroborated by the duly- sworn witness.
This Court, after hearing the testimony and considering the other evidence in this case, makes the following:
FINDINGS OF FACTS and CONCLUSIONS OF LAW
The Court having held a final hearing now finds the following:
1.The Court has jurisdiction over the subject matter and the parties
2.That Plaintiff is a citizen and resident of _________________________ County, South Carolina; and has lived in this state for more that one (1) year prior to the filing of this action.
3.On information and belief, Defendant is a resident of ____________________ County in the state of
___________________________________________________________________.
4.That the Defendant received a copy of the Family Court Cover Sheet, Certificate of Exemption, Summons, and Complaint for Divorce by
!Certified Mail Personal Service.
!Personal Service.
5.That Defendant:
!did
!did not
file an Answer or other responsive pleading.
6.That Defendant:
!is
!is not
in default.
7.That all the proceedings are regular and all legal requirements as to filing, service and waiting period have been met.
8.That the parties were legally married to each other on (date)_______________________ in
_________________________ County, city of _________________________________ in the state of
____________________________________________________________________.
9.That present at the hearing were the Plaintiff and the Plaintiff’s corroborating witness.
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10.That based on the testimony of the Plaintiff and Plaintiff’s corroborating witness, the parties have lived separate and apart from each other for more than one (1) continuous year.
11.There are no issues regarding child custody or visitation, and no children are expected.
12.There are no issues regarding marital property.
13.There are no issues regarding marital debt.
14.The Plaintiff has waived alimony from the Defendant
15.The Defendant is barred from receiving alimony from the Plaintiff.
16.Reconciliation of the parties is not possible.
17. Wife’s surname of ________________________________ !is !is not restored to her.
18.That there has been no collusion between the parties in bringing this action.
19.That Plaintiff is entitled to a divorce from the Defendant on the ground of One (1) Year Continuous Separation
WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED:
I.That the Plaintiff is hereby granted a complete and final divorce from the Defendant upon the ground of One (1) Year Continuous Separation, pursuant to
Laws of South Carolina, 1976, as amended.
II. That both parties are barred from receiving alimony from each other
III. That the Plaintiff may resume her former or maiden name of ___________________.
I further find: _____________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
AND IT IS SO ORDERED.
______________________________________________________
JUDGE OF THE FAMILY COURT
________________ JUDICIAL CIRCUIT
____________________________________, 20______.
________________________________, South Carolina
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