Spartanburg Divorce Attorney

While divorce may be an uncomfortable prospect for couples to think about, the reality is that divorce affects a significant number of marriages in South Carolina. If ending your marriage is on the table, familiarizing yourself with the various laws and processes surrounding the process is essential, and working with a reputable divorce lawyer who understands what you’re going through and can offer support is key. At the Nowell Law Firm, our South Carolina family law attorneys can help.

How to File for Divorce in South Carolina 

If you are filing for a divorce in South Carolina, it’s important that you understand the steps you’ll need to take. The process begins with acquiring the various divorce forms, which can you do in person at your county clerk’s office or online. Documents that you’ll need to file include an official complaint for divorce, a divorce summons, a financial declaration, and more.

The next thing that you’ll need to do is fill out your divorce forms in full. You’ll then need to file your divorce paperwork in the county where you live.

In order to file for divorce in South Carolina, you must:

• Have grounds for divorce:
• Be a resident of the state (you must have been a resident for at least one year before you can file, unless your spouse has been a resident for at least one year, in which case the requirement is reduced to three months).

Grounds for Divorce in South Carolina 

There are five grounds for divorce in South Carolina:

1. Adultery;
2. Habitual drunkenness;
3. Physical cruelty;
4. Abandonment;
5. No-fault divorce.

Of the above, a no-fault divorce is the most common type of divorce in our state, primarily because, as its name implies, it does not require that either party to the divorce prove the fault of the other. A no-fault divorce can be granted if the couple has lived separate and apart for one year without any cohabitation. If the couple has not lived separate or apart but wants a divorce immediately, divorce based on one of the fault-based grounds may be a better option. Note, however, that the plaintiff in a divorce case will have to prove the grounds that they are alleging against their spouse in order for a fault-based divorce to be granted. 

Issues to Resolve in a Divorce 

Even if the one-year separation period is granted and the couple is pursuing a no-fault divorce, a divorce cannot be finalized until various issues are settled. Issues that must be resolved in a marriage dissolution include:

• Property division. South Carolina is an equitable distribution state, which means that all marital assets–those assets that are acquired by either spouse during the course of the marriage other than assets acquired by gift or inheritance–must be divided in a manner that is fair and just. Note that “fair and just” does necessarily mean equal.

• In addition to dividing property, spouses must also decide whether or not alimony will be a part of their divorce settlement. Alimony is ordered in a divorce when one spouse is financially dependent on the other. There are different types of alimony in South Carolina – talk to your lawyer to learn more about whether or not alimony will likely be a part of your divorce settlement and, if so, which type is relevant to your situation.

• Child custody. For parents who are divorcing, one of the most divisive and emotional issues is that of deciding where shared children will live. Note that a court must make a decision that is within the child’s best interests; oftentimes, this means that parents will share custody and both participate in the child’s upbringing.

• Child support. Finally, both parents of a child are responsible for providing for their child financially. In order to ensure that this duty is satisfied, the court will order the noncustodial parent to make child support payments on a regular basis.

As you consider the above issues, it’s important to know how you plan to approach each. Are you set on keeping the house? Do you have to have custody of your child? Are you refusing to pay alimony? Having an idea of how you will approach each issue and what you want to get out of your divorce settlement early on will make navigating each issue more straightforward.

It is highly recommended that you and your spouse reach an agreement about the above issues, especially that of child custody, through mediation. If you cannot reach a settlement on your own, then the case must be decided by the court. This can be time-consuming, expensive, and emotional for all parties involved.

Why You Need a South Carolina Divorce Lawyer 

If you are filing for a divorce, you may not think that you need a lawyer. This is especially true if you and your spouse generally agree about how issues in your divorce should be settled and are therefore pursuing an uncontested divorce. Even if the most perfect of divorce cases where couples are in agreement, it’s still wise to work with a divorce lawyer who can review your settlement and make sure that it is legally sound and that you’re not compromising your best interests before it’s signed by a judge.

If your divorce is contested, having an attorney on your side is even more important. Your attorney can help you to understand the law, advise you regarding negotiations and where to compromise, gather evidence to support your case, and represent you in all interactions with your spouse’s lawyer and the court. An attorney can also manage all legal paperwork and documents on your behalf as well.

Call the Skilled South Carolina Divorce Attorney at Nowell Law Firm Today 

At the Nowell Law Firm, we know that going through a divorce is difficult. If you are thinking facing the prospect of dissolving your marriage, our lawyers want to reassure you that you are not alone and that we have the legal acumen your case requires. To schedule a meeting with our law office today, please send us a message through our website contact form, stop by our office in person, or call (864) 707-1785.