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Does South Carolina divorce law require a reconciliation attempt?

Divorce is an unfortunate reality for many South Carolina couples. When the decision is made to part ways and end a marriage, the state wants to ensure that the choice is final and there is no prospect of salvaging the marriage. To do that, there are laws in place that necessitate couples attempt to reconcile before they can move forward with a divorce. Although that is frequently unsuccessful, there are cases where the parties decide to give it another try. Understanding how this impacts a divorce for civilian couples and those with a spouse in the military who is deployed is integral to a case.

For a reconciliation attempt, the case will be referred to a person who will bring the parties to court and earnestly try to foster a reconciliation. This person is a master or special referee. This is required in all cases apart from a default case. There cannot be a judgment of divorce unless this master or special referee issues a report certifying that the efforts did not achieve anything. After that, the parties are legally able to pursue their case to divorce and move forward.

With a divorce in which one of the parties is serving in the military and has been deployed overseas, there must be an affidavit given by the deploying party before he or she leaves the continental U.S. It must be given to an officer of the armed forces who has authorization to administer an oath. It must say that there is no possibility for a reconciliation. The court will accept this instead of a certification that there was an attempt to reconcile and it was unsuccessful.

When a couple is preparing to divorce, it is critical to understand the basic laws that are part of any case. One is the requirement that there be an attempt at reconciliation. Once that is completed, the parties can take the next step toward a divorce and deal with the issues in a case. A law firm that helps people with their divorce proceeding should be called for advice at every step in the process.

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EGJ Family Law

1051 Chuck Dawley Boulevard
Mt. Pleasant, SC 29464

Phone: 843-352-4530
Fax: 843-881-0317
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