divorce generally Flashcards
What is a temporary hearing also known as?
Temporary hearing is also known as pendente lite.
When is a temporary hearing held?
A temporary hearing is held a couple of weeks after the filing of the pleadings.
How can desertion impact legal decisions?
Desertion could impact decisions even made at a temporary hearing.
What is the judge’s duty regarding reconciliation?
The judge has a duty to ask about reconciliation between the parties.
What is usually needed for grounds of divorce?
You usually need witness corroboration for whatever ground of divorce.
Is there an exception to needing witness corroboration?
Yes, the exception is if there is clear proof on the ground of divorce.
What is the first ground for divorce?
Adultery.
What is the second ground for divorce?
Desertion for a period of one year.
What is the third ground for divorce?
Physical cruelty.
What is the fourth ground for divorce?
Habitual drunkenness; this includes habitual drunkenness caused by the use of any narcotic drug.
What is the fifth ground for divorce?
If the husband and wife have lived separate and apart without cohabitation for a period of one year.
What is the residence requirement for a plaintiff (P) to institute an action for divorce?
P must have resided in this State at least one year before the beginning of the action.
What is the residence requirement for a non-resident defendant (d) in a divorce action?
If P is a non-resident, the d must have resided in the state for one year before the beginning of the action.
What is the residence requirement if both parties are residents of the state when the action begins?
The P must have resided in the state only three months before the beginning of the action.
How is ‘residents’ or ‘resided’ defined for military personnel in this context?
It means a continuous presence in this State for the period required, regardless of intent to permanently remain in South Carolina.
Where must a divorce or separate support and maintenance action be tried?
In the county where the defendant resides at the time of the commencement of the action.
This applies if the defendant is a resident.
What if the defendant is a nonresident or cannot be found?
The action must be tried in the county where the plaintiff resides.
This applies after due diligence cannot locate the defendant.
Where should the action be tried if the parties last resided together as husband and wife?
In the county where they last resided together, unless the plaintiff is a nonresident.
In that case, it must be brought in the county where the defendant resides.
What is the required delay before a case can be referred to a referee after filing a complaint?
No reference can be made before two months after the filing of the complaint.
What is the required delay before a final decree can be issued after filing a complaint?
No final decree can be issued before three months after the filing.
What grounds for divorce do the required delays apply to?
The required delays apply to fault grounds for divorce, such as adultery, physical cruelty, and habitual drunkenness.
When can a hearing be held in a no-fault divorce case?
A hearing can be held after the responsive pleadings have been filed or after the respondent has been adjudged to be in default, whichever occurs sooner.
What are examples of no-fault divorce grounds?
Examples of no-fault divorce grounds include desertion and one year separation.
What is the role of a master or special referee in reconciliation attempts?
The master or special referee shall summon the parties and make an earnest effort to bring about a reconciliation between them.
Under what condition can a judgment of divorce be granted?
No judgment of divorce shall be granted unless the master or special referee certifies in his report that reconciliation efforts were attempted and unavailing.
What must a trial judge state in the decree regarding reconciliation efforts?
The trial judge must state that he has attempted to reconcile the parties and that such efforts were unavailing.
What is the process for reconciliation when one party is in the armed forces overseas?
An affidavit by the party serving overseas can be accepted by the court instead of a certification of unsuccessful reconciliation.
What must the affidavit state for a member of the armed forces serving outside the continental U.S.?
The affidavit must state that, as far as the party is concerned, reconciliation is impossible.
Who can administer the oath for the affidavit?
The affidavit must be taken before an officer of the armed forces authorized to administer oaths.
What are examples of officers who can administer the oath for the affidavit?
Examples include a judge advocate, commanding officer, or another designated official.
What is required if one party is serving outside the continental U.S. as a member of the armed forces?
They are not required to participate in a formal reconciliation attempt.
What can a party submit if they believe reconciliation is impossible?
They can submit an affidavit (a sworn written statement).
Who must take the affidavit for it to be valid?
The affidavit must be taken before an officer of the armed forces authorized to administer oaths.
