Divorce, Separation and Custody
While the process of getting married can be the happiest time in a person's life, divorce can be
anything but. That's when a Family Law Attorney can be extremely helpful.
Going through a divorce or custody can be one of the hardest experiences you can go through.
We understand that and try to help you while being honest with you about your options. Dealing
with the court system can be overwhelming. One of the hardest things for clients to accept is that
they won't agree with everything that is said during the course of the case, as each spouse tends
to remember the marriage and the fights differently. You should remember:
- There may be statements made about you that are not true or are misleading.
- There may be painful details about your past which may be brought out in Court.
- You may feel overwhelmed by the number of issues that come up in your case.
- You may be frustrated by the amount of time that it takes to finish your case.
Talk to your lawyer about these things to help you manage any anxiety about the Court process.
While it may not be an easy process, it will eventually come to an end and you will have to pick up
the pieces and move on. Let us help you deal with the legal and emotional roller coaster that
comes with divorce or custody.
We also provide mediation services as an alternative to litigation, understanding how important
it is to maintain control over your Divorce, Child Custody and Property division.
Frequently Asked Questions
1. What are the grounds for Divorce in South Carolina?
You can get a divorced based on the following grounds:
(2) Desertion for a period of one year;
(3) Physical cruelty;
(4) Habitual drunkenness including drug use; or
(5) One Year Separation or No Fault
Divorces must be tried in either the county (a) in which the defendant resides at the time of the
case is filed, (b) in which the plaintiff resides if the defendant is a nonresident or can't be found, or
(c) in which the parties last resided together as husband and wife unless the plaintiff is a
nonresident, in which case it must be brought in the county in which the defendant resides.
2. What are the types of Child Custody?
The types of custody include sole custody, joint custody and split custody. "The paramount and
controlling factor in every custody dispute is the best interests of the child." Chastain v.
Chastain 2009-SC-0113.206. The Court will consider many different factors in making a
determination of custody, while keeping the child's best interests in mind.
3. How do I get started with a Divorce?
The process starts with the filing of a Summons and Complaint and serving those documents on
your spouse. During a consultation, our Divorce Attorney will discuss this process in detail.
4. How is my Child Support calculated?
Child support is calculated based on the income of the parents, with consideration for support
paid for other children, health insurance premiums for the children and child care expenses using
the Department of Social Services Child Support Calculator.
5. What are the different types of alimony?
The types of alimony include:
(1) Periodic alimony, which is to terminate upon remarriage or continued cohabitation of the
supported spouse or upon the death of either spouse and usually terminable and modifiable
based upon changed circumstances occurring in the future.
(2) Lump-sum alimony, which is a finite total sum to be paid in one installment, or periodically
over a period of time, terminating only upon the death of the supported spouse, but usually not
terminable or modifiable.
(3) Rehabilitative alimony, which is a finite sum to be paid in one installment or periodically,
usually terminable upon the remarriage or continued cohabitation of the supported spouse, the
death of either spouse or the occurrence of a specific event to occur in the future, or modifiable
based upon unforeseen events frustrating the good faith efforts of the supported spouse to
become self-supporting or the ability of the supporting spouse to pay the rehabilitative alimony.
(4) Reimbursement alimony to be paid in a finite sum, to be paid in one installment or
periodically, terminable on the remarriage or continued cohabitation of the supported spouse, or
upon the death of either spouse, usually not terminable or modifiable based upon changed
circumstances in the future.
Our divorce lawyer can help you determine if these factors apply to your case.
6. What factors will the Court consider in awarding alimony?
In general, when making an award of alimony or separate maintenance and support, the
Court should consider the following factors:
(1) Length of marriage
(2) Age of parties
(3) Physical and emotional condition of each spouse
(4) Educational background of each spouse
(5) Employment history and earning potential of each spouse
(6) Standard of living established during the marriage
(7) Current and reasonably anticipated earnings of both spouses
(8) Current and reasonably anticipated expenses and needs of both spouses
(9) Marital and non-marital properties of the parties
(10) Custody of the children
(11) Marital misconduct or fault of either or both parties
(12) Tax consequences to each party as a result of the particular form of support awarded
(13) Existence and extent of any support obligation from a prior marriage
(14) Other factors the court considers relevant
One factor can be given more consideration than another factor. No one factor determines
whether alimony is awarded. It is best to seek a legal opinion as to determine whether these
factors apply to your case.
7. What is the Divorce process and long will it take?
A uncontested divorce can take from 3 to 6 months and a contested divorce or contested case
varies depending upon the complexity of the issues involved in your case. Our divorce lawyer can
give you a better time analysis after consultation.
Call 803-929-0577 today to see if we can help you.
|If you have
let us help.
Consultations available by phone or in person.