SC Bar Family Law 2 — Questions and Answers
Question 1: Under South Carolina law, what is the mandatory separation period required before spouses may obtain a no-fault divorce based on living separate and apart?
- One year of continuous separation (Correct answer)
- Six months of continuous separation
- Ninety days of continuous separation
- Two years of continuous separation
Correct answer: One year of continuous separation
South Carolina requires one year of continuous separation without cohabitation for a no-fault divorce.
Question 2: Which of the following is NOT a fault-based ground for divorce in South Carolina?
- Irreconcilable differences (Correct answer)
- Adultery
- Habitual drunkenness
- Physical cruelty
Correct answer: Irreconcilable differences
South Carolina recognizes adultery, desertion, physical cruelty, and habitual drunkenness as fault grounds, but not irreconcilable differences.
Question 3: A spouse commits adultery after the parties separate but before the divorce is final. Under South Carolina law, what is the effect on that spouse's claim for alimony?
- Adultery is an absolute bar to alimony (Correct answer)
- Adultery only reduces the alimony amount
- Adultery has no effect because it occurred after separation
- Adultery bars alimony only if it caused the breakup of the marriage
Correct answer: Adultery is an absolute bar to alimony
S.C. Code § 20-3-130 makes adultery an absolute bar to alimony if it occurs before the earlier of a formal signed property settlement or a permanent order of separate maintenance.
Question 4: In South Carolina, marital property subject to equitable apportionment generally includes property acquired during the marriage up to what point?
- The date of filing of marital litigation (Correct answer)
- The date of the final divorce decree
- The date of physical separation
- The date the complaint is served
Correct answer: The date of filing of marital litigation
Marital property is generally valued and identified as of the date marital litigation is filed or commenced.
Question 5: A wife receives an inheritance during the marriage and deposits it into a joint checking account used to pay household expenses. In South Carolina, the inheritance is most likely:
- Transmuted into marital property (Correct answer)
- Nonmarital property because inheritances are always separate
- Marital property only if the husband contributed to the account
- Nonmarital property unless the husband can trace his contributions
Correct answer: Transmuted into marital property
Commingling separate funds in a joint account used for marital purposes can transmute nonmarital property into marital property.
Question 6: Under South Carolina law, at what age must a family court consider a child's preference regarding custody?
- There is no fixed age; the court weighs the preference based on the child's age, maturity, and judgment (Correct answer)
- Age 12, when the preference becomes binding
- Age 14, when the preference becomes binding
- Age 16, when the child may choose the custodial parent
Correct answer: There is no fixed age; the court weighs the preference based on the child's age, maturity, and judgment
South Carolina has no statutory age at which a child's custodial preference controls; the court weighs it as one factor based on maturity.
Question 7: In South Carolina, which court has exclusive original jurisdiction over divorce, custody, and juvenile delinquency matters?
- The family court (Correct answer)
- The circuit court
- The probate court
- The magistrate court
Correct answer: The family court
South Carolina's unified family court has exclusive jurisdiction over domestic relations and most juvenile matters.
SC Bar Family Law 2
Under South Carolina law, what is the mandatory separation period required before spouses may obtain a no-fault divorce based on living separate and apart?