Charleston Divorce Lawyer
Going into a divorce is one of the most difficult and unsettling times a person can experience. There are numerous legal issues that need to be addressed ranging from your children, alimony, who gets what stuff, custody, visitation, what happens if we don’t agree, etc. On top of the legal aspects of a divorce the process is often difficult because of the emotional effect it can have on you, it doesn’t get more personal than talking about the wellbeing of your own children. If you are entering into a divorce call Charleston Divorce Lawyer Dale Savage about your case.
What are the grounds for divorce?
In South Carolina, divorce actions are filed in the Family Court. A divorce may be based on either fault or no-fault grounds:
Fault: There are four grounds for a fault based divorce: (1) adultery, (2) habitual drunkenness/drug use, (3) physical cruelty and (4) desertion.
Why does fault matter?
Besides the emotional stress that fault plays in the dissolution of the marriage our courts consider fault against a party when making decisions on alimony, separate support and maintenance, and the equitable distribution of property.
How long does it take to get a divorce?
Compared to other states South Carolina does not make it easy to get a divorce. If the basis for the divorce is on no-fault ground, which means you and your spouse must have been separated without cohabitation for over one year, then you can file for a final hearing after one year from that separation date assuming you have all issues resolved concerning property division, custody, alimony, child support etc. If your divorce is be based on fault grounds, then it can be finalized three months after the complaint is filed, again this is assuming that all issues have been resolved.
What is alimony/spousal support?
Alimony is the substitute for the support which is normally incident to the marriage. The purpose of alimony is to place the supported spouse, as nearly as practical, in the position of support s/he enjoyed during the marriage.
Types of alimony include:
- Permanent alimony;
- Lump sum;
How is property divided?
Property that is considered to be “marital property” will be subject to equitable distribution. This includes the assets acquired during the marriage (Home, other houses, apartments, tracks of land, etc., cars, boats, personal property).
How is child custody determined?
As a parent, child custody is likely your primary concern. The primary consideration that the court looks at in every child custody issue is the “best interest of the child.”
There are three types of custody in South Carolina:
- Sole custody;
- Joint custody;
- Shared custody.
There are numerous factors that can affect the custody award such as:
- Who has been the primary caretaker;
- Does one party have sole custody;
- Many other factors.
How is child support determined?
Child support is governed by the South Carolina Child Support Guidelines. The guidelines are based on the gross income of the each parent and consider other expenses (medical insurance premiums, work related care expenses). Payment can be made directly to the custodial parent or through the family Court.
Get Help Today
Call me today at (843) 530-7813 or e-mail me with any questions or concerns regarding your family court issues and speak directly with a Charleston Divorce Lawyer about your case. All consultations are confidential.