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How is marital property divided in South Carolina?

Property division laws vary from state to state, so if you and your partner are considering separating or your divorce process is already underway, it is important to make yourself aware of the rules in the state where the divorce has been filed. The means by which property is apportioned depends on the state in which the decision is made, so this can be an important factor in deciding where to file for your divorce.

Of course, unless you or your spouse is in the military, you can only file in the state of permanent residence of you or your spouse. Even so, it can be helpful to know what to expect. The two main systems used for dividing property during a divorce settlement are equitable distribution and community property. South Carolina falls into the former of these two categories.

As this article on divorce explains, equitable distribution is the system under which property is to be divided between spouses in a manner considered fair by the judge. This means that rather than equally dividing the assets between the two parties, one spouse, usually the higher earner, may receive more property than the other. The involvement of children can also affect the way the decision falls.

Divorce can be a taxing process, but it is certainly worth it if you want to start a new and happier chapter in your life. An attorney may be able to help you ensure that your rights are upheld and support you as you work to ensure a fair settlement.

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