Spartanburg Divorce Attorneys

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. 

Can You Seek a Fault–Based Divorce for Emotional Abuse?

Currently, you cannot obtain a fault-based divorce in SC for reasons of emotional abuse. This does not mean that your abuse is not serious. It simply recognizes that emotional abuse is a more subjective concept that would be very difficult to prove and/or defend against as the corroborating evidence for such an allegation is often less concrete than the other grounds.

The good news is that if you are suffering from emotional abuse but none of the recognized fault grounds are applicable to you, you can still seek recourse from the South Carolina family courts.  If you have already been separated for more than one year, you can seek a “no-fault” divorce.  If you have not yet been separated for one year, you can seek a Decree of Separate Maintenance.

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.

  Some property may not be divisible as part of the divorce—primarily property that was owned by one party prior to the marriage and kept separate during the marriage. However, assets and debt accumulated during the course of the marriage are subject to division. If there are specific assets you want to keep, let your attorney know. If you aren’t overly attached to any of your marital assets, that may give you some leverage in other areas of negotiation.

  • The family home may have significant importance for both parties to the point that neither wants to give it up. If one party wants to keep it and the other doesn’t, there’s the question of affordability of keeping it.  There are two aspects to this:
    • whether the party keeping the home can afford the monthly payments (which may depend on what, if any, support they receive in the divorce), and
    • whether the party keeping the home can afford to pay the other party their portion of the equity in the home, if any.  There are also issues relating to qualification for refinance if both parties are on the mortgage. These and related issues can delay or complicate a divorce, so it’s good to discuss early.
• Alimony. 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. If your divorce is more contentious or your views are significantly different from your ex-partner’s, you may need your attorney to step in and handle negotiations. In many cases, the court prefers the child to have meaningful time with both parents. This may mean a 50/50 custody split or primary custody with substantial visitation.  There is also a legal custody aspect that will be considered, which deals with decision making regarding your child or children.
• 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.
• Your Well-Being and Priorities. This is one topic that cannot be ignored during your meeting with an attorney. What do you want from the divorce? What are you willing to give up for peace? Is it more important to you to finish the process as quickly as possible, or are you willing to spend a bit longer on the divorce process in exchange for getting more of what you want? Divorce can be very mentally draining, and for many people, getting it done in a timely manner is worth giving up a little bit in other areas.

What is an Uncontested Divorce?

If you’ve spent some time exploring your legal options as you prepare for divorce, you likely know that there are several routes you can go. A contested divorce is one in which the court makes the final decisions regarding custody, the division of assets, child support, and other key issues.

The court steps in because the divorcing couple is unable to come to an agreement on their own. These can be fault-based or no-fault divorces, depending on the cause of the divorce.

On the other hand, an uncontested divorce is one where the divorcing spouses can negotiate the terms of their split by working together or communicating through their attorneys. Since they can agree on the important matters of their divorce, they are able to keep the decision-making power in their hands.

This is often far more beneficial, as once you allow the court to decide, the entire matter is out of your control. Since uncontested divorces require the agreement of both parties, couples generally use the no-fault route. To file for no-fault divorce, the couple must have lived separately for at least one year.

Meeting South Carolina’s Requirements for an Uncontested Divorce

You will need to meet specific requirements in order to be granted an uncontested divorce. Since you are going the no-fault route, you and your ex-partner must live separately for at least one year prior to the divorce. Any nights spent together living under the same roof will reset the clock and require you to wait even longer.

The state also has specific residency requirements. One spouse must have lived in South Carolina as a resident for at least one year prior to the divorce. If both spouses live in the state, the rules are slightly more relaxed—both parties must have lived there for three months before filing.

Why You Need a South Carolina Divorce Lawyer 

Even in 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.