Divorce can be an emotional and challenging process. When one spouse resides in a different state, it adds a layer of complexity to the already difficult situation. Each state has its own laws regarding divorce, and in this article, we will focus on the specific considerations for a South Carolina divorce when one spouse is out of state.
The Importance of Jurisdiction
Establishing jurisdiction is the first step in any divorce proceeding. Jurisdiction refers to the legal authority of a court to hear a case. In a South Carolina divorce where one spouse lives out of state, the court with jurisdiction may depend on whether there are children involved.
If there are no children involved, South Carolina may still have jurisdiction over the divorce if the filing spouse has been a resident of the state for at least one year before filing. Another scenario where South Carolina can have jurisdiction is if the non-filing spouse consents to the jurisdiction of the South Carolina court. However, if the out-of-state spouse objects to South Carolina’s jurisdiction, the case may be transferred to the state where that spouse resides.
On the other hand, if there are children involved, South Carolina will have jurisdiction if the child has resided in South Carolina for at least six months prior to the start of the proceedings. However, if the child has not lived in South Carolina for that duration, the court with jurisdiction may depend on the state in which the child currently resides.
Navigating the Service of Process
Once jurisdiction has been established, the court must notify the out-of-state spouse about the divorce proceedings. This is called the service of process. However, serving divorce papers to an out-of-state spouse can be a complex task.
Different states have different laws regarding the service of process, and South Carolina has its own rules on how to serve divorce papers on an out-of-state spouse. Generally, a South Carolina court may serve papers on an out-of-state spouse via certified mail with a return receipt requested. Another option is through a process server located in the state where the out-of-state spouse resides.
Embracing Virtual Hearings
The COVID-19 pandemic has presented unique challenges for court proceedings, leading many courts to adopt virtual hearings. Virtual hearings have proved beneficial for out-of-state spouses, as they can participate in the divorce proceedings without having to travel to South Carolina.
However, virtual hearings come with their own set of challenges. Poor internet connections, restrictions on virtual backgrounds that may not be permitted in a court setting, and technical difficulties can all complicate virtual hearings and make them more challenging compared to in-person hearings.
Conclusion
Divorce is never an easy process, and it becomes even more challenging when the spouses live in different states. Establishing jurisdiction, serving divorce papers, and attending virtual hearings are just a few of the considerations that need to be taken into account during a South Carolina divorce when one spouse resides out of state.
If you find yourself in a South Carolina divorce where your spouse resides in a different state, it is crucial to seek the guidance of an experienced family law attorney. With the right attorney by your side, you can navigate the complexities of a South Carolina divorce with confidence and begin a new chapter in your life.