The First Steps in Filing for Divorce in Gaffney, SC

The first step in filing for divorce in Gaffney is preparing and filing a Summons and Complaint in Family Court in the county where you or your spouse lives. Everything that follows, including service, timelines, negotiations, and final orders, flows from that filing.

If you’re thinking of filing for divorce, reach out to Parker & Bain. Our divorce attorneys in Gaffney can confirm your eligibility and grounds, ensuring your case is filed correctly so it can proceed rather than stall on technicalities.

Confirm Eligibility Before You File for Divorce in Gaffney

South Carolina has residency requirements you must satisfy before the court will accept a divorce case. If you both live in the state, at least one of you has lived here for at least 1 year before filing. If only one of you resides in the state, that spouse must have lived here for three months, and the divorce must be filed where they reside.

Filing in the wrong county or before residency is satisfied can force a dismissal and reset the clock. A divorce lawyer can verify residency and venue up front, so the case is filed in the correct court the first time.

Choose The Legal Grounds for Divorce

SC recognizes both no-fault and fault-based divorce. No-fault divorce requires a year of continuous separation. Fault grounds, which can include physical cruelty, adultery, desertion, or habitual drunkenness, can allow filing without waiting a year. However, they have strict proof requirements and strategic consequences.

According to the South Carolina Judicial Branch, most divorces are filed on no-fault grounds after the separation period, as this reduces litigation risk. A divorce attorney in Gaffney can assess whether fault grounds help your specific goals or whether they complicate a case that can be resolved more efficiently.

Prepare and File Your Divorce Complaint in Gaffney

The Complaint for Divorce sets the tone for the entire case. It identifies the grounds, requests relief, such as custody, support, and property division, and frames the issues the court will decide. Vague or incomplete complaints invite disputes and delays. Once filed, the Summons starts the timeline for the other spouse to respond. A divorce attorney can draft your complaint with precision, aligning your specific requests with SC law to avoid early missteps that can limit your options later.

Serve Your Spouse Correctly

After filing, you must serve the divorce papers to your spouse correctly. This is usually done by personal service or certified mail. Improper service can invalidate months of progress. Divorce cases in Gaffney usually slow down because service was attempted informally or without proof. The court won’t proceed until service is completed correctly. A divorce lawyer can coordinate service and confirm that proof is filed so the case proceeds on schedule.

What Happens Next?

Once the service is complete, the case proceeds to temporary hearings (if needed), discovery, negotiation, and ultimately a final order. The early paperwork will shape everything, especially in cases involving children or shared property. A Gaffney divorce lawyer can plan your case carefully, anticipating disputes over custody, support, or assets, so the first filing supports your end goal.

Trust Our Divorce Lawyers in Gaffney with Your Case

The first step sets the course. You must make it count. Contact Parker & Bain for legal guidance. Our divorce attorneys in Gaffney can confirm your eligibility, choose the right grounds, file correctly, and ensure you get the best outcome for your case. Call 864-252-2650 or contact us online for your confidential consultation.