Before a party may file an action for divorce or separation, at least one of the parties must have been a resident of South Carolina for more than one year, or both spouses must have resided in South Carolina for at least three months.
The South Carolina Supreme Court affirmed in part and reversed in part a Family Court’s decision enforcing a final divorce order, requiring that the father pay his share of the medical and educational expenses of the child. The Court first determined that, because both parents had moved out of state since the original proceeding, the lower court had jurisdiction only over matter where the mother sought to enforce a final order, not over matters still on appeal. Thus, the Court voided for lack of jurisdiction the family court’s suspension of overnight visitation rights because the appellate court would have exclusive jurisdiction over the matter on appeal. Because the order modifying the terms of visitation was void for lack of jurisdiction, the father could not be held in contempt for violating the order.
You can read the full text of Arnal v. Fraser by clicking HERE.
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