Divorce Attorneys in Greenville, South Carolina
At the David W. Martin Law Group, our divorce lawyers in Greenville understand how difficult it is to decide to dissolve your marriage. This deeply personal choice can affect your life in many ways, most of which may not become apparent until the process begins.
In South Carolina, our legal divorce requirements are much different than most states, which is why our Greenville County divorce attorneys take the time to explain the complete process to each of our clients, so they can make informed decisions about their future, and know exactly what to expect from a timing standpoint, so they can begin planning for their new life with confidence.
How Long Will My Case Take When My Spouse is At-Fault for Our South Carolina Divorce?
Our South Carolina Laws outline divorce in two categories: No-Fault and At-Fault Divorce.
If your spouse violated your vows with one or more of the following behaviors, you may qualify for an at-fault divorce:
- Habitual alcohol or narcotic drug use
- Physical cruelty
- Desertion for one year
An at-fault divorce schedule is based first on the statutory time requirement where the parties must wait a minimum of 90 days from filing before requesting a final hearing, even if a settlement is reached. When a settlement cannot be reached during that time, the divorce proceedings will extend until the final terms can be outlined for finalization. The latter varies for each couple’s unique circumstances.
How Long Will a No-Fault Divorce Take in South Carolina?
If none of the at-fault behaviors led to the request for a divorce, and both spouses have agreed to go their separate ways, they may file for a no-fault divorce, which does not require either spouse to prove one or the other was at-fault for the breakdown of the marriage.
The timing of no fault-divorces requires that spouses must live separately for one year before they can proceed with their divorce.
During the mandatory separation period, our Greenville divorce attorneys can outline the details of your divorce using a comprehensive and legally binding separation agreement to protect your future.
This agreement will allow you to determine details regarding property division, spousal support, child custody, and child support matters until the divorce meets its eligibility for finalization.
Can I Date Another Person During the Mandatory No-Fault Divorce Separation Period in South Carolina?
South Carolina law dictates that if you date while separated, your spouse may make the argument that you are committing adultery, and that assertion may hold up in court when it is time to finalize your divorce, which may affect the overall terms.
How Does Adultery Affect My South Carolina Divorce?
Marital misconduct, including adultery — while you are married or during the required separation period for a no-fault divorce — may affect the court’s overall decision-making process during your South Carolina divorce proceedings.
Here’s why: A proven adulterer is not entitled to alimony in South Carolina.
The keyword in divorce cases involving adultery is “proven,” which means there must be adequate proof the adulterer had both the inclination and opportunity to cheat, as tangible evidence is not the requirement. This may include public displays of affection and that the two had enough time together — in private — to commit adultery.
Another factor that may be reviewed by the courts is if a cheating spouse sent a considerable amount of money to the person(s) with whom they were having an affair, the other spouse may be awarded a greater portion of the marital assets.
Finally, if one spouse is successful in proving the other cheated, the adulterer could be ordered by the judge to pay both sets — theirs and the spouses — of legal fees and other costs related to the court action.
What Decisions Will I Have to Make During Our South Carolina Divorce Proceedings?
At the David W. Martin Law Group, our divorce attorneys in Greenville, South Carolina will review your complete case, including the circumstances of your divorce — and whether it is filed as a fault or no-fault — to ensure you have all the facts you need to make informed decisions about your future.
Your divorce circumstances are unique, as are the details that must be finalized during the proceedings, but the common components that must be decided on include:
What is the Difference Between a Contested Divorce and Uncontested Divorce in South Carolina?
The single most influential factor that determines how quickly you can get divorced is whether your divorce will be contested or uncontested.
A contested divorce is one where spouses disagree about the details of the marriage dissolution regarding issues relating to property division, alimony, child custody and visitation, and/or child support.
Because of the nature of these disputes, the length of time it takes to finalize the details can extend beyond the normal 90 day or year-long timeframe, depending on whether your divorce is an at-fault or no-fault filing.
When the spouses cannot agree on these details, they may require formal discovery, depositions, and the issuance of subpoenas, which takes time to investigate, secure, and finalize.
Conversely, an uncontested divorce occurs when both spouses can agree on all issues, including alimony, child support, child custody, and marital asset distribution without the court’s interference.
Most uncontested divorces are based on the no-fault ground of one year’s separation, which means the divorce can typically be settled at the end of the mandatory period.
Can We Pursue a South Carolina Divorce During Mediation Instead of Going to Court?
At the David W. Martin Law Group, our divorce attorneys in Greenville, South Carolina explain to each of our clients that mediation is required for all divorce cases if the parties are unable to reach an agreement before their final divorce hearing.
Our South Carolina laws only require the spouses to pursue mediation prior to a final divorce hearing. However, the requirement to attend mediation does not require the parties to successfully determine the outcome of the divorce.
Mediation is an excellent resource for divorcing couples to determine the complete terms of their divorce when they are able. This is typically true for no-fault, uncontested divorces.
Contact Our Divorce Attorneys in Greenville, South Carolina Today
If you have questions about how your divorce will advance through the legal process, whether it was at-fault, no-fault, contested or uncontested, and how we can help you outline the legal solutions necessary for your success, contact our experienced divorce attorneys in Greenville, South Carolina at the David W. Martin Law Group by calling (803) 590-1958 today.