You want a lawyer who is experienced in your type of case, knowledgeable and experienced in divorce and family law, and understand your goals and possible outcomes of your case.

While it's important to hire a lawyer who is skilled and knowledgeable, it is also crucial to find an attorney with whom you feel comfortable on a personal level. That's what our attorney provides, because every case and client is different and has different needs. We are on your side.

Grounds for Divorce

South Carolina allows a couple to divorce on the following grounds:

1. One Year Separation (commonly called a "no fault" divorce),

2. Adultery,

3. Physical Cruelty,

4. Abandonment for at least one year, and

5. Habitual Drunkenness.

If you can prove your ground for divorce, which requires some type of third party corroboration, South Carolina does not require your spouse to consent to the divorce or sign divorce papers. S.C. Code § 20-3-10

Jurisdiction and Venue for Divorce

This refers to the appropriate and legal state and/or our county to file the divorce, as wells and the residency requirements for filing the divorce in a particular state. To file for divorce in South Carolina, either you or your spouse must have lived in the state for a least one year prior to the filing date, or you both must have lived in South Carolina for at least three months before the filing date. S.C. Code § 20-3-30

What are the basic steps for filing for divorce?

After meeting the residency/venue requirements and having a ground for divorce, the attorney will prepare a Summons and Complaint. The Summons and Complaint will thoroughly detail your legal issues with your spouse including the grounds for divorce and the relief you are seeking in the divorce. The document has to be served on your spouse, usually by sheriff deputy or private process server. There are circumstances where you have to serve your spouse by publication if they can't be located.

Can my spouse or I get alimony?

Alimony is commonly referred to a spousal support, and is financial support paid by a spouse to help maintain that spouse's daily financial needs. While alimony is not guaranteed in any case, there are certain factors that a judge will look at when considering whether to award alimony. also called “maintenance” or “support” in South Carolina, is financial support paid by, or to, your spouse.

Those factors include:

1. length of the marriage

2. ages of each spouse at the time of your marriage and at the time your marriage ended

3. income, including employment histories of both spouses and future ability to earn an income
4. health of the parties, both physical and emotional

5. educational backgrounds of both spouses, and if either of you need more education or training to gain an income

6. "standard of living” while married, which considers issues like regular monthly expenses during the marriage

7. current and future earnings and spending needs of both spouses

8. separate property that owned by either party prior to the marriage

9. marital misconduct or fault of either or both parties, even if it’s not used as a basis for the divorce, and

10. any other relevant factors.

The one thing that prevents a spouse from getting alimony is proven adultery. Adultery is a bar to receiving alimony in this state. finds relevant. S.C. Code § 20-3-130(C) & S.C. Code § 20-3-130(A)

Your attorney can explain your best probability regarding alimony, including the different types of alimony, during your consultation.

How does Child Custody and Support work?

If you and your spouse can agree on a child custody/visitation schedule, the judge will usually approve it as long as the judge agrees that it is in the best interest of the child.

If you can’t agree on a custody/visitation schedule, the court will appoint a Guardian Ad Litem to represent the interests of the minor child(ren) to investigate and assist the court in determining what is in their best interests. you might be able to ask the judge for a temporary order while the divorce is pending. The final custody order would either be decided by the judge, after a trial, or by the parents coming to an agreement. Although many states are leaning towards shared custody, also called joint custody, a judge may agree to one parent having sole custody in certain circumstances.

There are multiple types of custody, including shared, joint and split. The type of custody depends largely on how the parenting time of the parties is allocated to their child(ren).
Child support is based on the gross income of the parties and is calculated using a SCDSS Child Support Calculator (https://dss.sc.gov/child-support/calculator/). This calculator will give you an excellent indicator of the child support in your case if you have the details regarding gross income of the parties, work related child care expenses, health insurance expenses related to the child(ren), and the type of custody arrangement (i.e., number of nights the childI(ren) will spend with each parent in a calendar year.

The attorney will discuss this issue in detail during your consultation to help you make the best decision for your case. Sharing your child(ren) with an estranged spouse during a bitter and contentious divorce case can be stressful and challenging. We want to help you get through that process.

What other issues can come up in my case?

South Carolina is a mandatory mediation state and our attorney is a certified Family Court Mediator who can help you through this process which settles many divorce case without the need for an expensive and drawn out divorce trial. We are also experienced with Military Retirement and property division issues. Spouses who are married to a current or former military service person may be entitled to, including

1. military medical benefits (depending on the length of your marriage),
2. spousal support
3. military retirement/pension benefits (in additional to any civilian retirement benefits)
4. child support (including military disability income)
5. part of any thrift savings plan (TSP), and
6. any other assets accumulated during the marriage.

Call today for a consultation. We offer reasonable consultation and legal fees and a flexible payment plan, including financing through Affirm to make it easy for you to start your divorce today and make manageable monthly payments.