Going through a divorce is one of the most emotionally and financially overwhelming times in most people’s lives. And during this tumultuous time, they must make many decisions that could affect their entire future.
Divorce involves many legally complex steps and choices concerning a couple’s property division, the custody and support of their children, alimony, and more. This is why having a skilled Columbia family lawyer can be critical.
If you are navigating a divorce in Columbia, SC, let the experienced Columbia divorce attorneys at Melone Hatley, P.C. help. We understand how overwhelming the divorce process can be at a time when you need to make the most careful and legally considered decisions possible. We will be your diligent partner throughout the entire divorce process, ensuring your legal rights and best interests are protected so you can have peace of mind.
Navigating a Columbia Divorce
Certain requirements must be met before you can file for divorce in Columbia, SC. You must first fulfill residency requirements and have a valid reason for your divorce, called “grounds.”
Residency Requirements for a Columbia Divorce
Establishing residency ensures that Columbia courts have legal jurisdiction to grant your divorce or make decisions on your behalf. When you are filing for divorce in Columbia, SC, one of these residency requirements must apply:
- Either you or your spouse must have lived in South Carolina for at least one year or;
- If both of you currently live in South Carolina, you can file for divorce after living in the state for at least three months.
Grounds for Divorce in Columbia, SC
Furthermore, you must also have a legally recognized reason for your divorce, otherwise called grounds. Like many other states, South Carolina recognizes no-fault and fault-based divorce grounds.
- No-fault divorce – As the name suggests, no-fault divorce does not place blame for the breakdown of the marriage on either partner. The only requirement for a no-fault divorce is that you and your spouse must have lived separately for at least one year. While no-fault divorces are the most straightforward and least contentious route for divorce, they are not suitable for every situation.
- Fault-based divorce – Fault-based grounds place the blame for the breakdown of the marriage on one partner’s misconduct. In South Carolina, fault-based grounds for divorce are adultery, physical cruelty, habitual drunkenness or drug addiction, or desertion for at least one year. Fault-based grounds can significantly impact decisions regarding property division, child custody, and alimony. Consequently, the court will require clear and convincing evidence of the misconduct if you are pursuing a divorce on fault-based grounds. Once the burden of proof has been met, a fault-based divorce can be obtained in as little as 90 days after filing.
Contested vs Uncontested Divorce
Your divorce will be either contested or uncontested. What does this mean?
In an uncontested divorce, you and your spouse agree on all the major issues that must be resolved to obtain a divorce. These include how you will divide your marital property, the custody and visitation of your minor children, who will pay child support, and whether one of you will be entitled to alimony. Uncontested divorces are generally more cost-effective and less contentious, but they typically require a great deal of cooperation between partners.
A contested divorce means you and your spouse disagree on one or more of the above issues. Typical disputes in a contested divorce often include
- Who will have custody of your children and scheduling of visitation rights
- Who will pay child support
- How your property will be divided fairly
- Whether one of you should be entitled to alimony and how much
Even a no-fault divorce can be contested. However, a contested divorce can become uncontested at any point during the process through negotiation, mediation, or other forms of resolution that help divorcing couples reach an agreement in disputed matters. However, if you and your spouse cannot find a resolution, your divorce will proceed to trial and the court will make these decisions for you.
While contested divorces can be more time-consuming, expensive, and complex, having the guidance of an experienced South Carolina divorce attorney ensures you have a legally knowledgeable ally and skilled negotiator on your side, protecting your rights and interests.
Columbia Divorce Process
The divorce process in Columbia, SC follows a series of specific steps, and depending on whether your divorce is uncontested or contested, these steps may vary. With the assistance of a divorce lawyer in Columbia, you can navigate the legal process with confidence.
Filing the Complaint
The official process begins when one spouse, the plaintiff, files a Complaint for Divorce with the court. The complaint will outline the grounds for filing and make requests regarding property division, child custody and visitation, child support, and alimony. The other spouse, or defendant, will be served with the divorce paperwork and will have 30 days to respond to the complaint.
Temporary Hearings
In some cases, temporary orders may be necessary while your divorce is pending. Temporary orders can address temporary child custody and visitation, temporary child support and spousal support, who will remain in the family home, and other financial issues, such as payment of bills and access to bank accounts. These temporary orders will remain in effect until the final divorce decree is issued.
Discovery
Discovery often plays a critical role in contested divorces. Discovery involves both parties gathering and sharing information that supports their claims. Tools attorneys use in the discovery process can include written questions under oath, interrogatories, verbal testimony under oath, depositions, or Requests for Production of Documents, requesting specific financial records. During the discovery process, both parties may also decide to hire experts to help them further support their case.
Negotiation
Negotiation allows spouses to work toward mutually agreeable solutions outside of court. Rather than having a judge resolve disputes, negotiation allows both parties more control over the outcome and find solutions tailored to their needs and situations. Spouses can negotiate terms with the assistance of their attorneys, who will then craft a settlement agreement to present to the court. While negotiation can be successful, both sides should have experienced legal counsel to ensure their rights are protected and understand the potential implications of a proposed settlement before they agree.
In Columbia, the court typically requires both parties to attempt mediation before a divorce goes to court. Mediation is another form of dispute resolution in which a neutral third party guides both spouses toward a mutually agreeable resolution without legally representing either spouse.
When spouses simply cannot reach an agreement, especially in highly-contested divorces, the divorce will proceed to court where a judge will make the final decisions.
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Key Issues That Must Be Resolved Before You Will Be Awarded a Divorce in Columbia
Before you are awarded a divorce in Columbia, you must agree on many issues. If you and your spouse cannot resolve your disputes, the court will make decisions for you and both of you will be legally bound by them. A Columbia divorce lawyer will be able to explain to you the stipulations set forth by the court and clarify any questions you may have.
Marital Property Division
Only marital property – property and debt acquired during your marriage – will be considered in property division decisions made by the court. Separate property – property you owned before your marriage or individual gifts or inheritances – will be retained by you or your spouse.
South Carolina is considered an equitable distribution state. This means property division is “fair” but rarely equal as it considers many factors.
When making property division decisions, the court may consider:
- The length of your marriage
- The individual contributions each of you made to the marriage
- Your and your spouse’s ages and health
- Both parties’ income and earning capacity
- Education and employability
- Who has primary custody of your child
- Any alimony award
- Marital misconduct
- Potential tax consequences
The court has broad discretion in what factors it considers relevant to your property division. If you and your spouse can come to an agreement that is mutually beneficial to both of you, it allows you more flexibility and control over the outcome of your property division.
Child Custody and Visitation
One of the most emotionally charged issues in a divorce case is the custody and visitation of your children. Two types of child custody exist:
- Legal custody is the legal right to make important decisions for your child
- Physical custody is where your child will primarily live
In Columbia, courts use the “best interests of the child” standard when making custody decisions. Because the court believes a child should have a meaningful relationship and contact with both parents whenever possible, joint custody is usually encouraged. Parents co-parenting under a joint custody arrangement must create a parenting plan to outline specific decision-making responsibilities and visitation schedules.
In rare cases, sole custody may be awarded if the court decides it is in the best interests of the child. However, even when one parent is awarded sole custody, the other is typically awarded visitation unless it would be harmful to the child. In cases where there are concerns about one parent’s behavior, the court may order supervised visitation where the parent can only visit the child in the presence of a designated third party. If you have concerns about the safety and well-being of your child, you should consult with a divorce lawyer in Columbia to ensure that your parental rights are protected.
Child Support
In Columbia, both parents are responsible for their child’s financial support and well-being. Even if you share custody of your child, one parent will generally pay child support to the other based on who the primary custodial parent is.
Like many other states, South Carolina uses the Income Shares Model in determining child support. The South Carolina Child Support Guidelines attempt to divide child support proportionately based on the costs of raising the child and the income of both parents. The court will also consider whether one of you is paying child support for a child from another relationship or if other extraordinary expenses must be accounted for.
Alimony
The purpose of alimony is to provide financial assistance to a spouse who may be temporarily or permanently unable to support themselves after a divorce. There are several types of alimony in Columbia:
- Permanent periodic alimony – Ongoing payments that continue until the death of the paying or receiving spouse or until the remarriage or cohabitation with another romantic partner for more than 90 days of the receiving spouse
- Rehabilitative alimony – Temporary support to help one spouse gain financial independence
- Reimbursement alimony – Reimbursement for expenses incurred by one spouse in support of the other, for instance, putting the other spouse through school
- Lump-sum alimony – A fixed payment often used in lieu of ongoing support or property settlement
Not all divorces will involve alimony awards. Columbia courts will consider many factors when making alimony determinations, such as the length of your marriage, both spouse’s financial resources, and the standard of living maintained during your marriage.
Why a Columbia Divorce Lawyer Can Be Critical When Navigating a Divorce in Columbia
No matter how friendly or contentious your divorce is, it is a complex legal process. Having skilled legal representation can be crucial to ensuring your rights, protecting your interests, and securing a fair outcome.
At Melone Hatley, P.C., a Columbia divorce attorney will have the experience, skill, and dedication to guide you while diligently advocating for your future. We take pride in our compassionate and committed approach and the attorney-client relationships we have built. If you are navigating a divorce in Columbia, let us help ensure that your family, finances, and future are protected. To schedule a free consultation, call our office or contact us through our website contact form.
