Get the Representation That You Need to Protect Your Family’s Relationship in Charleston, South Carolina
At David W. Martin Law Group, our Charleston family law attorneys create real-time solutions for families who are considering separation or divorce, so their livelihoods are not turned upside down during the process of moving on.
We know our Charleston County residents have many questions when considering divorce, especially when they have minor children to raise separately, but together. There are many difficult decisions to make, and our straight forward divorce advice allows our clients to design their future success without delay, so everyone can continue to thrive in their new lives.
David W. Martin Charleston Family Law Attorney
Divorce in South Carolina is often more complicated than just deciding to end your relationship. First, the court will determine if one spouse was at fault for the divorce, which according to our South Carolina Laws, can be applied when adultery, desertion for one year, physical cruelty, or habitual drunkenness, including the use of any narcotic drug led to the proceedings.
South Carolina will also recognize no-fault divorces when either party pursues a divorce after the spouses have not cohabitated for one year.
No matter how your marriage has come to an end, our Charleston divorce lawyers will help you outline each of your needs, including property division, financial support, and child custody requirements when necessary, so you can start over.
Your divorce is more than the end of a marriage. It is the beginning of your new life, and deserves the precise attention our divorce lawyers provide, so no detail is left to chance, and you get what you deserve to start anew.
Knowledgeable Charleston Property Division Lawyers
At David W. Martin Law Group, our property division lawyers have a firm grasp on what assets can be included in your divorce, and how we can have them awarded or protected during your divorce proceedings.
We also know that your financial independence is going to be a large part of how your future looks, and we want to help provide the best outcome available for your unique circumstances.
Several aspects will dictate which assets you gain from a divorce, and they will be considered in part by the reason why you are getting divorced. Whether your divorce was caused by fault — or if it was a mutual agreement to depart — could change the landscape of your property division award.
Skilled Spousal Support Attorneys in Charleston, South Carolina
Alimony / Spousal Support in South Carolina is not a foregone conclusion after a divorce. Many factors will determine whether you are awarded alimony or are ordered to pay alimony, and each is weighted by differentiating needs.
Our spousal support lawyers in Charleston will determine what type of alimony you are eligible for based on the length of your marriage, your educational background, employment history, and the standard of living you enjoyed during the marriage.
Alimony in South Carolina can be awarded in many ways, including in a lump sum or periodic payments, or as rehabilitative or reimbursement spousal support.
We can also petition the court for separate maintenance and support where the courts may make an order for one spouse to pay the other while they no longer live together, up to or after a divorce.
Partner with an Experienced Child Custody Attorney in Charleston, South Carolina
If you have minor children, they are going to need both parents’ complete support during and after the divorce to ensure they continue to thrive as they get older.
The first difficult decision parents must make is deciding who the children are going to live with. Deciding physical and legal custody is not something parents take lightly as they both want what’s best for the children, but do not want to give up the time they spend with them.
At David W. Martin Law Group, our child custody attorneys in Charleston will develop an in-depth analysis of what is in the best interests of the children, so the courts can evaluate their complete needs and award custody properly.
That can include representing our clients in emergency custody actions when they believe the other parent may be putting the children in danger or providing the representation necessary to ensure the Father’s Rights or Grandparent’s Rights are upheld and respected during and after the divorce proceedings.
If you and your spouse have already finalized your child custody arrangements, and you are seeking relocation permission that will allow you to move away with your children, we can help facilitate that request by providing the evidence the court will need to approve your request or deny the other parent access to relocate depending on which side of the argument you are on.
Dedicated Charleston, South Carolina Child Support Lawyers
Taking care of your children is no easy task, as their complete needs are always at the forefront of your day-to-day activities. Their education, healthcare, extracurricular activities, and overall financial security lies in your hands.
That is why our Charleston child support attorneys are dedicated to delivering real financial solutions for our clients, so whether you are the one receiving child support or are the one paying child support the outcome is fair.
Marital Agreements & Separation Agreements in South Carolina
Marital Agreements / Separation Agreements are often a necessity when couples are dissolving their marriages because there are so many details that must be worked out in the interim of the divorce.
These agreements can dictate child custody, child support, alimony, and other important details that will guide how your life unfolds over the next year. We advise each of our clients to outline their complete needs from the moment they intend to separate, so they and their kids when applicable can continue to enjoy the quality of life they had as a married couple.
In short, there are so many things that will need to be discussed before, during, and after your divorce. Having an experienced Charleston divorce attorney by your side will ensure that none of those details are left to chance, so you can start your new life with confidence.
Mediation is Required By South Carolina Law Before a Divorce Occurs
The truth about divorce is that it does not always have to be a knock-down, dragged-out affair.
Mediation allows our lawyers to help facilitate peaceful negotiations between you and your spouse, so you can achieve a resolution that works for both of you.
Mediation is mandatory in South Carolina, and when it is successful, both spouses can make definitive decisions about their finances, children, and other household needs without he court becoming involved or dictating the terms of their divorce.
However, spouses are not required to reach an agreement during the mediation process. If you have tried mediation and it was unsuccessful, and you would like to litigate your case inside the courtroom, our experienced divorce attorneys in Charleston will lead the way, so you can pursue the best outcome available for your unique case.
Charleston’s Rich Beauty & Location Guides Its Economy
Once ranked by Travel + Leisure magazine as the best city in the world, Charleston has perpetually been named by the same publication as the best city in the U.S.
Known for its strong tourism industry, Charleston is teeming with bed and breakfasts, inns, hotels, numerous restaurants, and shops that allow visitors to enjoy the Lowcountry lifestyle through food, entertainment, art, and retail experiences.
More than a tourist town, commercial shipping is important to the Charleston economy and is controlled by the South Carolina Ports Authority.
Charleston is becoming a popular location for information technology jobs, including hosting the headquarters to several notable tech companies including:
Contact Our Experienced Family Law Attorneys in Charleston, South Carolina Today
If you are considering divorce and have questions about at-fault vs. fault divorce circumstances, contact our experienced family law attorneys in Charleston at David W. Martin Law Group today by calling (803) 548-2468 to get the advice and representation you need to produce real-time results. Our skilled Charleston divorce lawyers are available now to answer your questions and provide the guidance you need to plan a confident future.
Charleston, South Carolina Family Law Attorney FAQS
My Child’s Mother and I Never Married: Do I Still Have Visitation Rights as a Father?
Father’s Rights are important to our Charleston family law attorneys. If you have a child with a woman who was not your wife when the child was born, then under our South Carolina law, the child does not have a legal father.
The mother will have sole custody of the child until we establish paternity. Once the father’s rights are confirmed through a DNA test, he will likely be entitled to pursue visitation rights with the child.
My Spouse and I Are Considering a Divorce in Charleston, South Carolina. We Would Like to Reach a Custody and Visitation Arrangement Without the Court’s Involvement. Is That Possible?
Yes. Parents can resolve custody and visitation matters outside of court through mediation with an experienced Charleston family law attorney. This approach often gives the parents more latitude when arranging custody and child support and keeps the agreement private. The court will need to approve the agreement before it becomes final, but that step is typically a formality.
Do Grandparents Have Legal Visitation Rights to Their Grandchildren in South Carolina?
When couples get divorced, they often overlook the role the extended family plays in the healthy upbringing of their children. Grandparents may also wish to enforce their legal right to visitation with their grandchildren if that right is being interfered with by one of the child’s parents. In South Carolina, the family courts may grant visitation to the grandparents if one parent is deceased, or the parents are divorced or separated.