Divorce Lawyer in South Carolina

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Meta Description: Looking for the top divorce lawyer in South Carolina? Our family law attorneys have the experience and compassion you need during this difficult time.

Divorce is one of the most stressful and legally challenging events in a person’s life. It is the most challenging period in people’s lives, and it is associated with many feelings, including sorrow, rage, and hope for a better future. At the same time, the legal procedures of property distribution, child support, and alimony can be rather complicated and tiresome.

Considering these factors, it is essential to have a good divorce lawyer on your side. In South Carolina, the laws and procedures of divorce can be rather complicated and the assistance of an experienced attorney will be of great help.

If you are seeking assistance from a family law firm, Max Hyde Law Firm is your ideal choice.  With our experienced divorce lawyer by your side, you can go through the process of divorce with much less stress and guarantee yourself a favorable result that will safeguard your rights.  

Our experienced family law attorneys have vast experience in divorce cases in Spartanburg Charleston, Greenville, and Rock Hill among others throughout South Carolina. This is because we have great experience of dealing with cases of divorce in South Carolina coupled with a profound knowledge of South Carolina family law, thus offering wise counsel and formidable defense. Contact us today at (864) 804-6330 for a free consultation with one of our divorce attorneys in South Carolina.

Divorce Laws in State South Carolina You Should Know About

South Carolina divorce laws state the conditions and processes that couples need to meet and follow to dissolve their marriage. These are some of the laws that must be understood in order to go through the divorce process without compromising your rights. Divorce cases in South Carolina are filed in the Family Courts. These courts hear all matters concerning the dissolution of the marriage through divorce, legal separation, child custody and visitation, child support, alimony, and distribution of the marital property.

Grounds for Divorce 

The law establishes various grounds for divorce in South Carolina which include adultery, desertion for one year and over, physical cruelty, habitual drunkenness or drug use, and separation for a period of time. Every ground has legal consequences and conditions that must be fulfilled to go on with the divorce. [1]

Residency Requirements 

The parties filing for divorce must meet the residency requirement of the state; either the filing spouse or the responding spouse must be a resident of South Carolina for not less than one year. If both are residents at the time of filing, then there is no minimum period of marriage that has to be fulfilled. [2]

Legal Separation

South Carolina has no law that compels a couple to seek legal separation before filing for a divorce. However, living asunder without cohabitation for a year can act as a basis for no-fault divorce on the basis of separation. [3] 

Marital Assets and Property Division 

South Carolina applies the equitable distribution principle regarding the division of property acquired during the marriage. This means that properties and liabilities incurred during the marriage are shared equally but not proportionally as the court deems fit with regard to each party’s contribution towards the marriage and their financial status. 

Child Custody and Support

In child-related matters, issues of custody and support are resolved in the best interest of the child. In South Carolina, there are provisions for joint and sole physical and legal custody and the courts will tend to favor shared parenting plans where appropriate taking into consideration factors such as each parent’s stability and the child’s relationship with them.

The non-custodial parent is afforded reasonable visitation rights, particularly in cases of sole custody where one parent has primary custody of the child. Visitation typically includes weekends, holidays, and summer breaks, with the court establishing a parenting schedule to ensure both parents remain actively involved in the child’s upbringing.

Alimony

South Carolina courts may order one spouse to pay the other alimony, or spousal support, depending on the length of the marriage, the respective spouses’ incomes, and their contributions to the marriage. Alimony can be either: temporary or permanent, depending on the conditions of the work or the case.

Types of Divorce According to South Carolina Law

In South Carolina, divorce can be obtained through various procedures and all of them are aimed at satisfying certain conditions and requirements. It is important to understand the kinds of divorce that are legally possible in your state so that you can select the most appropriate option and deal with the legal issues.

1. Uncontested Divorce

A consent divorce takes place when both spouses are willing to part ways and are in agreement on most of the issues such as division of property, custody and visitation rights of children and support. This type of divorce is normally cheaper and takes less time than the contested ones because there are no trials and the court does not have to get heavily involved in the process. 

2. Contested Divorce 

On the other hand, a contested divorce happens when the couple cannot agree on one or more aspects of the divorce. These may include issues to do with the division of assets, child custody, maintenance and other related issues. Contested divorces involve disagreements that need a judge’s intervention in order to arrive at a settlement through compromise, mediation, or trial as the case may be.

3. No-Fault Divorce

South Carolina has no-fault divorce based on the fact that the parties have lived separately for one year without cohabiting with each other. This ground does not require fault to be proven and is normally used where the couple has come to a mutual agreement that they do not wish to continue living together as husband and wife.

4. Fault-Based Divorce

However, South Carolina also permits the no-fault basis for divorce where one party has been a resident of the state for at least ninety days and wants to dissolve the marriage for reasons other than those cited in the fault-based grounds including adultery, physical cruelty, habitual intemperance or drug taking and abandonment. Establishing fault can affect child custody, division of assets, and spousal support agreements that are awarded at the time of the divorce. But, fault-based divorce may be more complicated and emotionally straining than no fault based divorce.

5. Summary Divorce

However, in some cases, South Carolina provides an opportunity to get a simplified divorce, if the spouses fulfil certain conditions, for example, if they have no minor children and if their property is not very valuable. This makes it possible to have a quick solution to the issue of divorce for those couples who wish to have the process fast.

For more information about South Carolina divorce laws and assistance on getting your rights, call Max Hyde at (864) 804-6330. Our experienced and understanding lawyers ensure that you get the best advice for your divorce settlement depending on your unique situation.

How Our Experienced South Carolina Divorce Lawyers Can Help You

Divorce is a lengthy and complex legal process involving intricate procedures and emotional challenges. It requires careful navigation of legal requirements, negotiations over property and custody issues, and often emotional strain on all parties involved. Here are the key points on how our family lawyers in SC can assist you throughout the divorce proceedings.

Expert Guidance and Support

Divorce laws in South Carolina are intricate and entail the assistance of a professional lawyer and emotional help. At Max Hyde, our divorce lawyers have vast experience in fighting for your rights and ensuring that you get the best results for you and your family. 

Comprehensive Legal Knowledge

 Our team has significant experience in South Carolina divorce laws to guarantee that we understand the peculiarities of your case. Regardless of whether you have an uncontested divorce or a high-conflict case, we offer appropriate advice based on your situation.

 Personalized Representation

 It is important for you to know that no two divorces are the same and as such, every case is handled with care and special attention. Whether it is property settlements or child custody, we work towards ensuring your interests are well protected and the best interest of every client is upheld in the course of the proceedings.

 Effective Advocacy in Court

 However, should the need arise to go to court, our attorneys are well-equipped to aggressively defend you. We have the experience and skills to deal with all the aspects of a contested divorce and settle the matters fairly.

 Supportive Guidance Every Step of the Way

 Divorce can be stressful and we understand that and are here to support you through this trying time. You can count on us for the following: We hear you out, address your queries, and provide you with the information that will assist you in decision-making processes regarding your future.

Take the first step towards resolving your divorce with confidence, knowing that you have dedicated legal support to guide you through this challenging time. Call us at (864) 804-6330 today to book a free consultation with our experienced South Carolina divorce attorneys at Max Hyde.