Free STATE OF SOUTH CAROLINA - South Carolina

STATE OF SOUTH CAROLINA

) ) COUNTY OF ________________________ ) ) ) ) Plaintiff, ) vs. ) ) ) Defendant. )

IN THE FAMILY COURT ____ JUDICIAL CIRCUIT

FINAL ORDER OF DIVORCE (One Year Continuous Separation)

DOCKET NO. ___________________________

Date of Hearing Presiding Judge Plaintiff: Plaintiff's Attorney (if applicable) Defendant: Defendant's Attorney (if applicable) Court Reporter:

A hearing for complete and final divorce was held in this case on the date listed above. Plaintiff and the Plaintiff's witness were present at the hearing. The Defendant ( ( was/ was not) represented by an attorney. was/ was not) present and

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 § 20-3-10(5) of the Code of Laws of South Carolina, 1976, as amended.

The original Family Court Cover Sheet, Certificate of Exemption, Summons, Complaint for Divorce, and Financial Declaration were filed in the Office of the Clerk for ______________________ County on _____________________ ____, 20____. A copy of these documents was served upon the Defendant by ( Certified Mail/ Process Server/ Personal Service/ Sheriff's Office) on

__________________________ _____, 20____.

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.
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SCCA 400.10 SRL-DIV (3/2009)

FINDINGS OF FACTS and CONCLUSIONS OF LAW This Court, after hearing the testimony and considering the other evidence in this case, makes the following findings: 1. The Court has jurisdiction over the subject matter and the parties. 2. Plaintiff is a citizen and resident of _________________________ County, South Carolina; and has lived in this state for more than 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. Defendant was served with a copy of the Family Court Cover Sheet, Certificate of Exemption, Summons, Complaint for Divorce, and Financial Declaration by ( Server/ 20____. 5. Defendant ( 6. Defendant ( did/ is/ did not) file an Answer or other responsive pleading. is not) in default. Personal Service/ Certified Mail/ Process Sheriff's Office) on __________________________ _____,

7. All the proceedings are regular and all legal requirements as to filing, service and waiting periods have been met. 8. The parties were legally married to each other on (date)_______________________ in _________________________ County, City of _________________________________ in the State of ____________________________________________________________________. 9. Present at the hearing were the Plaintiff and the Plaintiff's witness: ____________________________________________________________________________, who ( did/ did not) present testimony and/or evidence. 10. Based on the testimony of the Plaintiff and Plaintiff's witness, the parties have lived separate and apart from each other for more than one (1) continuous year. 11. Child Custody, Visitation, and Support There are no minor children of this marriage and no children are expected. There are minor children of this marriage, and the parties have reached an agreement about custody, visitation, and support, which is attached. The attached agreement is incorporated and made a part of this Order. 12. Marital Property The parties have no marital property. The parties have reached an agreement as to how the marital property shall be divided, which is attached. The attached agreement is incorporated and made a part of this Order.
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SCCA 400.10 SRL-DIV (3/2009)

13. Marital Debt The parties have no marital debt. The parties have reached an agreement as to how the marital debt shall be paid, which is attached. The attached agreement is incorporated and made a part of this Order. 14. Plaintiff and Defendant waive alimony. 15. Reconciliation of the parties is not possible. 16. ( Plaintiff's/ Defendant's) former name of ________________________________ ( is/ is

not) restored. 17. There has been no collusion between the parties in bringing this action. 18. Plaintiff is entitled to a complete divorce, a vinculo matrimonii, from the Defendant on the ground of One (1) Year Continuous Separation.
WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: A. Plaintiff is hereby granted a complete and final divorce from the Defendant upon the ground of One (1) Year Continuous Separation, pursuant to § 20-3-10(5) of the Code of Laws of South Carolina, 1976, as amended. B. The agreement was entered freely and voluntarily and the court finds the agreement is in the best interests of the parties and any minor children. C. If applicable, the parties' agreement(s) is/are made a part of this Order and is/are enforceable through the contempt powers of the Court. D. That both parties are barred from receiving alimony from each other. E. If requested, the ( Plaintiff/ Defendant) is allowed to resume the use the maiden/former

name of ________________________________________________________________________. I further find _____________________________________________________________________________ __________________________________________________________________________________________

__________________________________________________________________________________ __________________________________________________________________________________.
AND IT IS SO ORDERED.

Date: _____________________ ____, 20_____

_________________________________________

Family Court Judge ________________________________, S.C.

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SCCA 400.10 SRL-DIV (3/2009)