Going through a divorce can be challenging for anyone, and it’s easy to let your emotions get the better of you.
But a divorce is a complex legal process that requires a level head and proper preparation. While ending a marriage can feel tumultuous, it can also impact your entire future. The legal system is most concerned with ending your marriage contract fairly, and you will want to go into it as emotionally and physically prepared as possible.
Understanding South Carolina’s Divorce Laws
Individual states regulate family law, and each state has its own set of legal requirements. If you are filing for divorce in South Carolina, you will want to be familiar with these specific laws and requirements.
Residency Requirements
For South Carolina courts to have jurisdiction over your divorce, you must fulfill state residency requirements. To file for divorce in South Carolina:
- Both you and your spouse must have lived in the state for at least three months or
- If both spouses don’t live in South Carolina, one of you must have lived here for at least one year.
You cannot file for divorce in South Carolina until this residency requirement has been satisfied.
Fault or No-Fault?
South Carolina requires grounds for divorce. “Grounds” is a legally recognized reason for filing. There are five grounds for divorce in South Carolina. These are:
- Adultery
- Desertion
- Physical Cruelty
- Habitual drunkenness or drug abuse
- Separation for one year or longer
The first four grounds are fault-based. Fault-based grounds blame the end of your divorce on marital misconduct. But filing for divorce using fault-based grounds requires more than just an accusation of fault. You must have evidence proving your spouse’s misconduct to the court. Consequently, filing for divorce using fault-based grounds can be more challenging and contentious than a no-fault divorce.
The ground of separation for at least one year is South Carolina’s no-fault ground. Once you have fulfilled this separation requirement and agreed to the terms of your divorce, such as property division, child custody, child support, and alimony, your divorce will be granted. Depending on how cooperative and successful you and your spouse are in negotiating terms, a no-fault divorce can be accomplished without much intervention by the court.
Why would you choose to file for divorce using fault-based grounds?
Some advantages could include:
- There is no one-year separation requirement for fault-based grounds.
- Your spouse’s misconduct could be used as a strategy to influence the outcome of disputed issues, such as property division, alimony, or custody.
- Proving your spouse’s misconduct could potentially impact the court’s decisions, leading to a more favorable settlement.
- It can provide a sense of closure or vindication.
However, it is important to remember that there are also some disadvantages of fault-based divorce grounds. You have the “burden of proof” to prove your spouse’s fault to the court, which can be challenging and expensive to gather. The details of your divorce in this contentious atmosphere can become public. And even with strong evidence, the court could ultimately not weigh fault as heavily as you had hoped, especially in cases of custody where the court rules in the best interests of the child.
If you believe your spouse’s behavior is clearly the cause of your divorce and the court will consider these actions when making important decisions affecting your future, you should be prepared for a more costly and contentious divorce when using fault-based grounds. For many, choosing a no-fault divorce provides a less time-consuming and adversarial divorce process, even when they believe their spouse is at fault.
Schedule your free meeting with our team today to see if our Lawyers can help you.
Is Your Divorce Contested or Uncontested?
Filing for a no-fault divorce does not mean you will agree on all the issues. You must still agree on several issues before you are granted a divorce, including:
- How you will fairly divide your marital property
- How you will share the custody and visitation of your children
- Who will pay child support, and in what amount
- Whether one of you is entitled to alimony, in what amount, and for how long
If you and your spouse agree to these things, you have an uncontested divorce, and the court will review your settlement agreement for fairness and legal correctness. If approved, it will become part of your final divorce decree.
But your divorce will be considered contested if you disagree about any of these issues. In order to come to an agreement, you and your spouse will have to negotiate a compromise with the help of your attorneys or rely on the court to make these decisions for you. Fortunately, at any time in the process, you can come to a settlement agreement that still leaves the decision-making up to you and not the court.
What Are Temporary Orders?
Divorce can take months and even years to resolve in some contentious cases. If you and your spouse cannot agree on issues concerning your divorce, you can ask the court to step in to make temporary decisions until a final divorce decree is issued. This process is called pendente lite.
Pending your divorce, the court can establish temporary orders for
- Child custody and parenting time
- Child support
- Spousal support
- Who is allowed use of the family home during the divorce
- Who will pay specific bills
- Who will provide health insurance
- Who has the use of certain vehicles
- Preventing one spouse from selling assets without the other’s consent
Click to contact our family lawyers today
Preparation For Negotiation or Litigation
When you and your spouse can’t agree on all the terms of your divorce, your options will be to negotiate with the help of your attorney or litigate, allowing the court to make these decisions. Representing your interests during negotiation or litigation is the primary responsibility of your South Carolina divorce lawyer.
In preparation for this, you will want to have your information gathered and organized. This information should include bank statements, mortgage or other loan documents, credit card statements, tax returns, investment and retirement account statements, life insurance policies, titles and loan information for your vehicles, and appraisals for your real estate or other valuables. Having complete and updated records enables you to understand the total value of your marital estate and will also be essential for any negotiations or court proceedings.
Understanding and Preparing for Property Division
Part of your divorce process will be the division of your marital property. South Carolina is an “equitable distribution” state, meaning that property division is not a 50/50 split but considers many factors, such as the duration of your marriage, each partner’s income and earning potential, who has custody of the children, and whether the marriage ended because of one partner’s misconduct when determining fairness.
In anticipation of navigating your property division, you and your attorney will determine which property is marital and its value. Marital property is anything you and your spouse have acquired during your marriage, such as income, real estate, vehicles, retirement accounts, investment accounts, and mortgage, credit card, or other debt. While a judge can decide how to divide your property for you, it’s generally better if you can negotiate a settlement with your spouse.
Understanding Child Custody and Parenting Arrangements
If you and your spouse have minor children, custody and visitation will be other important considerations during your divorce. There are two types of custody:
- Physical custody refers to who the children will primarily live with after your divorce
- Legal custody refers to who will be responsible for making the major decisions about your children’s upbringing
When making custody decisions, South Carolina courts prioritize the best interests of the child, and parents are encouraged to work together to create a custody arrangement and parenting plan that keeps both parents involved in their children’s lives unless one parent has been determined unfit. You will want to begin considering a fair and workable arrangement for
- Where you children will live
- How your co-parenting will be divided
- How you will handle holidays and vacations
- How important decisions about your children will be made
Your South Carolina family law attorney will assist you in creating a custody and parenting plan that will be mutually beneficial and the court will likely agree to. Having a well-conceived and fair plan in place can help avoid lengthy custody disputes while creating a stable environment for your children.
Understanding Child Support in South Carolina
In South Carolina, both parents are financially responsible for the financial support of their children. The noncustodial parent generally makes child support payments to the primary custodial parent.
Child support is determined using both parents’ incomes, the number of children being supported, and the amount of time each parent spends with them. The South Carolina Child Support Guidelines provide a formula for calculating the basic support amount. Once this basic obligation is established, other expenses including daycare, healthcare, educational expenses or other extraordinary expenses may be added to the basic support figure.
Having a clear and concise custody arrangement and visitation schedule ensures that both of you contribute fairly to the financial needs of your children based on the amount of time you spend with them and your income. Your attorney will help ensure that all relevant factors are considered in your child support calculations and your interests are represented during any negotiations or litigation.
Understanding Spousal Support (Alimony)
In South Carolina, spousal support may be awarded by the court when one spouse requires financial assistance after the divorce.
There are five types of alimony in South Carolina:
- Permanent alimony continues until the death of either party or until the remarriage or cohabitation with another romantic partner by the recipient.
- Rehabilitative alimony is support provided to one party for re-training or education to become self-supporting or when one parent must remain at home with young children.
- Reimbursement alimony is designed to reimburse a spouse for expenses during the marriage, such as investing in the other spouse’s education or career.
- Lump-sum alimony refers to a fixed payment support, typically in lieu of division of particular property in the property settlement.
- Separate maintenance and support is paid on a periodic basis when a couple is not yet divorced but living apart.
When determining alimony or spousal support, the court will consider many factors, such as
- The duration of your marriage
- Both spouses’ financial resources
- Both spouses’ physical and mental health
- Contributions to the marriage made by each party
- The standard of living that was established during your marriage
- Any marital misconduct by either spouse
Spousal support is not guaranteed, and the court has great discretion in awarding it. Detailed financial records supporting a request for spousal support are essential.
Schedule a call with one of our client services coordinators today
The Importance of Having a Skilled South Carolina Family Law Attorney When Ending Your Marriage
Going through a divorce is an emotionally charged time, but the decisions you make in the middle of this turmoil will have a significant impact on your and your children’s short- and long-term future. It is critical to approach the process with a thorough understanding of the South Carolina family laws, the legal system, and the potential consequences of your choices and actions. For most people, this is where their legal counsel comes in.
Your South Carolina divorce attorney should have a deep understanding of family law and how it applies to your case. Furthermore, your attorney should have significant experience navigating the issues you are specifically dealing with, such as child custody disputes, complex property division, or tax implications that will need professional guidance and negotiation capability. If your case moves on to litigation, your attorney must present your case to the court and make strong legal arguments on your behalf to ensure your interests are represented and your rights protected.
Hiring an experienced family law attorney ensures
- You are making decisions based on legal knowledge, unbiased guidance, and experience – not emotion
- You avoid making costly mistakes that can impact your future
- You consider options you may not have considered without legal advice
- You have a knowledgeable ally and voice, especially during contentious or difficult circumstances
- Important details are not overlooked to support your case and help the court make fair decisions
- Your case is handled in the strongest possible way
Your attorney’s expertise, guidance, and advocacy can make a significant difference in the outcome and experience of your divorce. At Melone Hatley, P.C., our experienced South Carolina family law attorneys are here to represent your rights and guide your decisions to make the strongest case possible. With our broad experience, we understand exactly what you are going through and offer compassionate guidance and strategic and assertive representation during each step of the process. If you are considering a divorce, contact us to schedule a free consultation to understand your rights and options.
Schedule a call with one of our client services coordinators today.
