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Court News

2009-11-12-01

The Supreme Court of South Carolina

Re: Revisions to Self-Represented Litigant Simple Divorce Packet

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ADMINISTRATIVE ORDER

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From April 1, 2009 to June 1, 2009, the South Carolina Bar allowed its members to send recommendations to improve the Self-Represented Litigant Simple Divorce Packet previously approved by this Court.  The responses were forwarded to South Carolina Court Administration and to the Family Court Judges Advisory Committee for consideration.  While a number of recommendations were submitted, the advisory committee endorsed only the revisions listed below in keeping with the goal to provide documents to obtain a simple, uncontested divorce based on one year separation.

Pursuant to the provisions of South Carolina Constitution Article V § 4,

IT IS ORDERED that the revisions in the following forms in the Self-Represented Litigant Simple Divorce Packet, with a revision date of (11/2009), are approved as follows:

SCCA 400P SRL-DIV - Plaintiff’s Instructions

• A warning and disclaimer are included at the top of Page 1.
• Page 5 is revised to indicate that a notarized SCCA 430- Financial Declaration should be attached to the SCCA 405F - Motion to Affidavit to Proceed In Forma Pauperis if it is filed with the Clerk of Court.

SCCA 400.02 SRL-DIV - Complaint for Divorce

• On Page 1, the residency requirements have been revised for the Plaintiff to specify the length of time the parties have lived in South Carolina and their county of residence.
• Paragraph 4 now indicates that the parties have remained living separate and apart “without cohabitation”.
• Paragraph 5 on Page 2 includes a table to list the name(s) and date(s) of birth of any child(ren).

SCCA 400.05 SRL-DIV – Defendant’s Answer

• Page 3 has been revised slightly in the form of a Counterclaim.  This section now gives the Defendant the option to request a change of name. 

SCCA 400.08 SRL-DIV - Request for Hearing for Divorce

• A section has been added at the bottom of the form for the Clerk of Court to input the date and time of the scheduled hearing.

SCCA 400.10 SRL-DIV - Final Order of Divorce

• In Paragraph 2, the residency requirements have been revised to indicate the length of time the parties have lived in South Carolina and their county of residence.
• Paragraph 12 includes a table to list the name(s) and date(s) of birth of any child(ren).

SCCA 400D SRL-DIV - Defendant’s Instructions
A warning and disclaimer are included at the top of Page 1.

IT IS SO ORDERED.    

s/Jean Hoefer Toal Jean Hoefer Toal Chief Justice

November 12, 2009
Columbia, South Carolina