Divorce Lawyer in Greenville, SC
Are You Considering Filing For A Divorce?
Having to go through a divorce is often hard and a painful experience. A compassionate and experienced Greenville divorce lawyer at Davis Law can help you navigate the best path forward in this difficult time. You can begin by consulting with us today if you are thinking about filing for divorce in South Carolina.
Things To Know About Before Filing For A Divorce
Fault & No-Fault Divorces
There are five grounds for divorce that fall under either fault or no-fault in South Carolina. The South Carolina divorce laws regarding the grounds for divorce are stated very clearly in S.C. Code Section 20-3-10. The four fault-based grounds are granted when your marriage’s success is directly undermined by the following:
- Adultery
- Habitual drug and/or alcohol abuse
- Physical Cruelty
- One year desertion
As opposed to the four fault-based grounds (that are increasingly becoming an unpopular option for South Carolinian couples) mentioned above, comes the fifth ground which is the no-fault choice of separation – living separate and apart from each other – for over a year.
How To Begin And How Long Will Divorce Take?
In South Carolina, to start the process of divorce, the spouse must file a complaint based on the five grounds where you last lived together if both still live in South Carolina. Another option is to file where your spouse lives, or where you reside if your spouse does not live within the state. Moreover, South Carolina residency also applies and requires that either you or your spouse must be a current or former resident of the state for at least a year. On the other hand, if both you and your spouse live here in SC, you two must have lived here for three months at least.
There are many factors that can affect the length of the divorce. A divorce extended to a year or more may not at all be uncommon especially if both spouses do not cooperate. Then, it is large and most importantly impacted by the spouses’ relationship among other factors like how complex the individual case is, its jurisdiction, financial stakes, if there are any children involved, and so on.
A divorce attorney in Greenville can assist you by filing the necessary paperwork and represent you in court. However, it is the spouse that will dictate how their divorce attorney will behave and determine what motions to file or discard. Once a Final Order for Divorce is signed and filed, all aspects of marital dissolution are final and cannot be changed.
How Do We Split The Property?
The Family Court in the state of South Carolina will divide marital property that is jointly acquired when the divorce is being decided. When it comes to equitable division, it is essential to understand that the goal here is to distribute the assets “fairly” instead of dividing equally. However, non-marital properties may take an exception. The non-marital property encompasses the properties you have acquired before the marriage.
During your initial consultation, you will be asked to fill out a client information packet which will then contain instructions to provide a complete list of your personal properties and your financial declaration. This will contain very specific and substantial information required from you, so you need to prepare all of them carefully. Although this may sound like a lot of work, better yet, it only streamlines the process and saves you the frustration of facing a messy situation in the future if taken for granted. Hiring a Greenville divorce lawyer can facilitate and steer you to the conclusion of the process efficiently.
When dividing marital property equitably, judges may typically consider several factors like:
- Length of marriage
- Spouses’ ages at marriage and at divorce
- Physical and emotional health (each of the couple)
- Income and earning potential of each spouse
- Committed marital misconducts
- Marital property value
- Liens or other obligations upon the marital property
- Tax consequences
- Arrangements in child custody
- Alimony
- Awarding to the spouse who has custody of the minor children with the family home
- Vested retirement benefits
- Non-marital property
- Support obligations existing before the marriage
How Is Child Support Decided?
Child support in South Carolina can now be determined by using a formula in order to determine how much you are required to expend in child support – with the exception of those exceptionally high income earning individuals in which other factors are then taken into account. The expenses for the children are estimated and then divided between both parents while factoring in custody obligations and income.
Let A Greenville Divorce Lawyer Help
Divorce Lawyer
At Davis Law, our divorce attorney is a compassionate advocate who will work tirelessly for you in order to secure what you hold dearest. Whether you are dealing with divorce or legal separation, our divorce attorney prioritizes representing you with dignity, respect, and integrity with an emphasis on personalized and compassionate representation. Consult with us today without any obligation. Speak to a Greenville divorce lawyer at Davis Law who will fight to get the best outcome for your family.