Final Order Of Divorce (One Years Continuous Separation) {SCCA 400.10SRL-DIV}

) ) COUNTY OF ________________________ ) ) ) ) Plaintiff, ) vs. ) ) ) Defendant. ) STATE OF SOUTH CAROLINA IN THE FAMILY COURT ____JUDICIAL CIRCUIT FINAL ORDER OF DIVORCE (One Year's Continuous Separation) Docket No. ___________________________ Plaintiff Attorney: ______________________ Guardian ad Litem: _____________________ Hearing Date: __________________________ Court Reporter: ________________________ Defendant Attorney: _____________________ Judge: ________________________________ A hearing for complete and final divorce was held in this case on the date listed above. Plaintiff and Plaintiff's witness were present at the hearing. Defendant ( was/ was not) represented by an attorney. This case is before this Court upon the Complaint of Plaintiff who is requesting that this Court grant a complete and final divorce from Defendant upon the ground of One (1) Year's 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 ( Mail/ / / ). A copy of these documents was served upon Defendant by ( Personal Service/ Sheriff's Office) on ( / / ). Certified was/ was not) present and ( Process Server/ After being duly sworn, Plaintiff stated to the Court that reconciliation of the parties was not possible. Plaintiff then offered testimony, which substantiated the allegations found in the Complaint, and which was corroborated by the duly-sworn witness. 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 of fact: 1. Plaintiff is a resident of _____________________ County, State of _____________________. 2. Upon information and belief, Defendant is a resident of ________________________ County, State of __________________________. Page 1 of 4 SCCA 400.10 SRL-DIV (01/2012) American LegalNet, Inc. www.FormsWorkFlow.com 3. Plaintiff and Defendant last shared a residence in _______________________ County, State of ________________________________. 4. Subject matter jurisdiction (check one): Plaintiff has lived in South Carolina for over one year prior to the start of this action; or Plaintiff and Defendant have both lived in South Carolina for longer than three (3) months prior to the start of this action; or Plaintiff is a resident of another state, but Defendant has lived in South Carolina for more than one (1) year. 5. Plaintiff is informed and believes this Court has subject matter jurisdiction over the issues and personal jurisdiction over the parties in this action. 6. Plaintiff and Defendant were married to each other on ________________________ (month/day), _____ (year), in ________________________ County, City of ______________________ in the State of ___________________________. 7. Plaintiff and Defendant separated on or about (month/day) _____________________________, _____ (year). The parties have remained living separate and apart from each other without cohabitation for more than one (1) continuous year prior to filing this action. 8. Defendant was served with a copy of the Family Court Cover Sheet, Certificate of Exemption, Summons, Complaint for Divorce, and Financial Declaration by ( Server/ Personal Service/ did/ is/ Sheriff's Office) on ( / / Certified Mail/ ). Process 9. Defendant ( 10. Defendant ( did not) file an Answer or other responsive pleading. is not) in default. 11. All legal requirements as to filing, service, notice and waiting periods have been met. 12. Present at the hearing were Plaintiff and Plaintiff's witness,_________________________. Both presented testimony and/or evidence as to the parties living separate and apart without cohabitation for more than one (1) year. 13. Based on the testimony of Plaintiff and Plaintiff's witness, the parties have lived separate and apart from each other without cohabitation for more than one (1) continuous year. 14. Child Custody, Visitation, and Support No minor children of this marriage and none are expected; or _____ number of child/ren were born of this marriage: namely Name Date of Birth Page 2 of 4 SCCA 400.10 SRL-DIV (01/2012) American LegalNet, Inc. www.FormsWorkFlow.com Custody and visitation are not contested in this action; or 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. 15. 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. 16. 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. 17. Plaintiff and Defendant waive alimony. 18. Reconciliation of the parties is not possible. 19. ( Plaintiff's/ Defendant's) requested that his/her name be changed pursuant to § 20-3-180 of Plaintiff Defendant) to the Code of Laws of South Carolina, 1976, as amended that allows ( change her name from ________________________ to_________________________. 20. There has been no collusion between the parties in bringing this action. 21. Plaintiff is entitled to a complete divorce, a vinculo matrimonii, from the Defendant on the ground of One (1) Year's Continuous Separation. WHEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED: A. Plaintiff is hereby granted a complete and final divorce, a vinculo matrimonii, from the Defendant upon the ground of One (1) Year's 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 applicable; 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; and Page 3 of 4 parties and any minor children, if SCCA 400.10 SRL-DIV (01/2012) American LegalNet, Inc. www.FormsWorkFlow.com E. If requested, ( Plaintiff/ Defendant) is allowed to resume