Fort Mill Divorce Lawyers
At the David W. Martin Law Group, our divorce attorneys in Fort Mill provide the legal representation our clients need to make informed decisions about how their marriage ends, so they can move forward with confidence.
The truth is, whether you have been married for five years or fifty, South Carolina has strict divorce guidelines that must be followed to successfully dissolve your marriage. Our York County divorce attorneys will guide you through the legal process with precision, so you can pursue the outcome you are entitled to.
First, we must outline the details of your marriage, including the grounds for divorce.
Depending on who is at fault, if anyone, the divorce process will unfold differently.
What is the Difference Between At-Fault and No-Fault Divorces in South Carolina?
Our South Carolina Laws allow spouses to seek divorce in one of two ways: Fault and No-Fault.
When filing for an at fault marriage dissolution, it means one or both spouses broke their wedding vows through adultery, domestic violence, desertion, or habitual substance abuse, which could be either alcohol or drug dependency.
Keep in mind, in South Carolina, the court’s ruling on the equitable distribution of property, custody issues, and financial decisions may be significantly impacted when one spouse is at fault for the divorce, so it is important to discuss each aspect of your marriage with our attorneys, so no detail is left to chance during the discovery phase.
Fault-based divorces move much quicker than no-fault divorces and require the divorcing party to file a summons and complaint for divorce, which will take between 30 and 60 days to receive a response or counterclaim.
A final divorce hearing may be requested 90 days after the initial complaint is filed.
Keep in mind, if your spouse contests the divorce, the overall time it takes to finalize the agreement may vary.
South Carolina spouses may also file for divorce under a no-fault statute.
A no-fault divorce in South Carolina means neither spouse was responsible for the marriage ending. This process is a little more complex than fault divorces, as it requires the spouses to live separately for one year before they may proceed with the divorce.
Can My Spouse and I Plan Our South Carolina Divorce During the Separation Period?
The state of South Carolina only recognizes couples as married or not married. There is no official designation as “separated,” even during the year the couple lives independently.
While the time that you are apart may not come with a label, it does afford both spouses the opportunity to create a legally binding separation agreement, so you can begin making concrete decisions about your future while the waiting period unfolds.
Separation agreements may cover all the details of your divorce, including:
All divorces — and the details therein — are unique and require a skilled Fort Mill divorce attorney to outline a customized strategy that will allow you to pursue the results you deserve.
At the David W. Martin Law Group, our divorce lawyers in York County will listen to your complete marital story and your concerns for the future, so you can move forward with certainty.
Is Divorce Mediation Mandatory in South Carolina?
The South Carolina Family Court requires divorcing couples to pursue a divorce agreement through mediation before they can move forward with litigation inside the courtroom.
The upside from the court’s perspective is that if couples can reach an overall divorce settlement during mediation, it lessens the caseload that goes before the judges, and helps minimize conflict during the proceedings.
The mediation process is designed as an alternative dispute resolution that allows spouses to understand just how far apart they are on agreeing to the divorce’s details.
Spouses are not required to reach an agreement during the mediation process. They are simply asked to try.
Our Fort Mill divorce attorney at the David W. Martin Law Group is a certified mediator who has the negotiation skills necessary to achieve results outside the courtroom, so both parties can move forward and start anew without the court’s intervention.
What if We Cannot Resolve Our South Carolina Divorce Details During Mediation?
Mediation is the first step in understanding where the conflict lies in your divorce.
Some couples can agree on several divorce factors during mediation, with only a few sticking points that must be litigated inside the courtroom.
Others, typically during contested divorces, high-asset divorces, or high-conflict divorces, require our Fort Mill divorce attorneys to aggressively litigate our client’s side of the case inside the courtroom.
At the David W. Martin Law Group, our divorce lawyers in York County focus on pursuing the outcomes that are important to our clients and will always fight for the results they deserve.
Our experienced divorce attorneys in South Carolina handle all types of divorces — through mediation, litigation, or a hybrid approach — including:
- Separation agreements
- Settlement agreements
- No-fault and at-fault divorces
- Uncontested divorce
- Contested divorce
- Common-law marriage issues
- Military divorce
- Same-sex divorce
- Modifications of prior orders
Determining the best approach to your unique divorce needs starts with contacting our skilled Fort Mill divorce attorney, so you can get the facts that are relevant to your case and make informed decisions about how to move forward during this challenging time with our family law advocate by your side.
Contact Our Experienced Fort Mill Divorce Attorney at the David W. Martin Law Group
Divorce in South Carolina requires a straightforward approach to producing unique solutions that are right for you and your family. We can help provide the confidence you need to make difficult decisions that will impact your future by contacting our skilled divorce attorney in Fort Mill at the David W. Martin Law Group today by calling (803) 548-2468 to review your case, discuss your divorce objectives, and post-divorce goals.