SC BAR

 

At this point, the Clerk of Court will schedule your hearing by mailing you a Notice of Hearing. After you receive your notice from the Court, you must send a copy of it to your spouse. It is not necessary to send this notice by Certified Mail, Return Receipt Requested; Restricted Delivery in order to properly serve the Notice of Hearing.

 

If you do send it Certified Mail, Return Receipt Requested; and you get the Green Return Receipt back from the U.S. Post Office, make sure it is signed and write your docket number across the top of the card along with the phrase, "Notice of Hearing." For this service, anyone at the address may sign the notice; delivery is not restricted to your spouse. Make a copy of the card, and take the original to the Clerk for filing.

 

If you get the entire envelope returned from the U.S. Post Office, take the returned envelope to the hearing. It is only necessary to show that the Notice of Hearing was mailed. You do not have to show that your spouse actually received the notice.

 

Next, complete the Final Decree of Divorce and Department of Environmental Control (DHEC) Form 0692 (08/1997). On the Final Decree of Divorce, print the date assigned for your Hearing, the name of the Presiding Judge assigned to your case, and, if you know it, the name of your spouse's attorney. All of this information should be on the Notice of Hearing you received by the Clerk of Court after submitting your request. Make two (2) copies of the Final Decree of Divorce and DHEC Form 0692.

 

Next, you will need two legal sized envelopes. Address one to yourself at your current address and address the other to your spouse. Put one (1) stamp on each envelope. On the day of your hearing, take everything below with you to Court:

• the original decree and two (2) copies

• DHEC Form 0692 and two (2) copies

• the stamped-envelope addressed to you

• the stamped envelope addressed to your spouse.

 

If your divorce is granted, the Judge will require these at the end of the hearing.

 

Ask someone who has personal knowledge that you have lived separate and apart from your spouse for one (1) year to testify under oath in Court on the day of your hearing. Ask more than one person to testify on your behalf in case of last-minute problems.

 

On the day of your hearing, you and your witness should arrive at the courthouse at least thirty (30) minutes prior to your scheduled time. Dress appropriately. Appropriate dress includes professional attire such as suits, jackets, dresses, or dress slacks, and males should tuck their shirts into their pants. Casual clothing, such as sweat clothes, tank tops, shorts and other similar summer beach wear is not appropriate for the courtroom. Also, hats must be removed when entering the courtroom, unless required for a medical condition. Most courts do not allow children into the courtroom so make arrangements for a responsible adult to watch them while you are gone.

 

When it is your turn, the bailiff will call your name. At that time, you will enter the courtroom, sit, and wait for the judge to ask you if you are ready. When you are addressed by the judge, stand before speaking. If you agree to proceed, you will be sworn in and asked to present your case. See the divorce script to see an example of what information you need to tell the judge. The judge may interrupt you from time to time to ask you a question. Listen carefully, and answer the question the judge is asking. When you are done, you will call your witness to the stand and ask questions that will help prove your case. If the judge grants the divorce, hand the judge the decree, the DHEC form, the self-addressed stamped envelopes, and the required copies. The judge will sign the decree, file it with the court, and send you and your spouse a copy in the envelopes you provided. You should expect that copy in approximately thirty (30) days.

 

NOTE: You are not divorced until the final decree for divorce has been signed by the judge and filed with the clerk of court.