Get the Representation That You Need to Protect Your Family’s Relationship in Hilton Head, South Carolina
At David W. Martin Law Group, our family law attorneys in Hilton Head, South Carolina are dedicated to supporting our community in their most important time of need. When family matters are consuming their lives, and they need real-time legal solutions, we are here to produce results.
While Hilton Head is host to over 2.5 million visitors each year, nearly 40,000 people live on our island, and each of them has the right to partner with experienced family law lawyers when their lives are interrupted by divorce, child custody, and financial support matters.
Our Hilton Head family law attorneys focus on providing customized solutions for their unique needs, starting with a consultation.
David W. Martin Law Group – Hilton Head Family Law Lawyers
Hilton Head family law matters are some of the most difficult times our clients face, which is why we compassionately listen to their complete needs.
Every client we represent prioritizes their future differently, and it is our position to outline their goals and provide confident solutions for moving forward.
Experienced Divorce Lawyers in Hilton Head, South Carolina
At David W. Martin Law Group, our Hilton Head divorce attorneys understand that our South Carolina residents have many questions when it comes to marriage dissolution, simply because our laws are very different than most states.
Our South Carolina Laws outline the requirements necessary for filing for divorce, by declaring that one spouse is at-fault or that both spouses have agreed neither was at-fault when designating a reason for their filing their case.
When one spouse is at-fault for the divorce, they can list one of the following reasons:
- Habitual drunkenness, which can include narcotics
No-fault divorces work differently and require the spouses to live separately for one year before they can officially divorce. No-fault divorces in South Carolina require our clients to make several decisions while they are separate, so they can begin planning for their future during the required separation period.
We walk each of our clients through those unique decisions through separation agreements, so they can focus on their new life.
Understanding Hilton Head Separation Agreements
When our clients are seeking a no-fault divorce, the time it takes to finalize their dissolution may require the compilation of Marital Agreements / Separation Agreements law.
When there are questions about who is going to leave the marital home, or who may be entitled to spousal support, child custody and support, or how their property will be divided, we can help design a separation agreement that outlines each important detail in the interim and when their divorce is finalized.
Divorce in Hilton Head May Require Mediation First
Mediation is typically the first step in all divorce proceedings in South Carolina. Most family courts will mandate mediation before reviewing the case inside the courtroom, which both lessens the judicial load and gives the spouses the initial freedom to outline their futures.
This approach provides many benefits, including the opportunity for both parties to make sound and sustainable decisions without the court’s involvement. The goal of mediation is to assist both parties in arriving at a mutually acceptable and lasting divorce agreement lawyers.
However, just because mediation is required does not mean it will be successful. Either party may terminate the mediation process at any time and proceed with litigation in court.
Getting the Most from the Property Division Process in Hilton Head
When property division matters cannot be agreed upon during mediation, the courts will decide how the marital property will be divided.
When our clients are seeking a no-fault divorce, the courts will generally divide their community property as evenly as possible.
However, if one spouse is found to be at-fault for the divorce through adultery, cruelty, or otherwise the courts may award the marital property on a weighted scale, deciding the division of assets, properties, and debts unevenly.
At David W. Martin Law Group, our property division lawyers in Hilton Head provide mediation solutions that allow our clients to pursue the award they deserve through our customized agreements, so the judge is not left making the decisions.
Spousal Support is Not Guaranteed After a Divorce in Hilton Head, South Carolina
South Carolina allows spousal support to be awarded during some separation and/or divorce agreements, but not all.
Many factors determine who will receive alimony in Hilton Head, including how long the couple was married, each of their educational backgrounds, employment histories, and ability to earn enough income to support themselves going forward.
Other details that will be evaluated include the standard of living during the marriage, and how the separate and marital assets were distributed during the separation and/or divorce agreement.
Simply getting divorced does not make one spouse eligible for alimony in Hilton Head, but for those who are, they can be awarded in one of five ways.
- Lump-sum alimony
- Periodic alimony
- Rehabilitative alimony
- Reimbursement alimony
- Separate maintenance and support
Our experienced Alimony / Spousal Support lawyers in Hilton Head will review your complete financial needs during the separation period and what type of support you may require going forward, so you can plan your future with confidence.
Skilled Child Custody Attorneys in Hilton Head, South Carolina
When children are part of your divorce equation, the overall circumstances of your dissolution can become emotionally overwhelming.
Even when parents can agree on who the children will live with, and where they will go to school, there are still many factors that must be decided to ensure the children’s best interests are at the forefront of custody decisions.
Our Child Custody lawyers in Hilton Head handle each type of agreement, so you can outline goals for keeping your kids together and in your home, even when things are not as clear-cut as they may seem.
Our Hilton Head child custody attorneys handle cases that involve:
- Mediation Child Custody Agreements
- High-Conflict Custody Litigation
- Emergency Custody Actions
- Father’s Rights
- Grandparents Rights
- Relocation Permission/Agreements
We understand that your children are the most important part of your divorce proceedings, and we will help ensure that their quality of life is not compromised during your case or after it is finalized.
Focused Hilton Head Child Support Attorneys
Whether you have been awarded child support as the primary caregiver of the children, or if you are ordered to pay child support in Hilton Head, the details of your financial agreement are important to your livelihood going forward.
When our clients require child support to be paid to them, we must leave no detail to chance when outlining their complete financial needs. These can include their child’s education, healthcare, and insurance needs, and extracurricular activities to name a few. Your child support circumstances will differ from any other parent and will be determined by each specific household need including how many children there are to support.
Our Hilton Head child support lawyers will evaluate your complete household needs when outlining your child support requirements.
The same is true for parents who are ordered to pay child support in Hilton Head, South Carolina.
When our clients pay child support, we believe the order should be fair to the payer, the other parent, and their children, and we work hard to ensure that is true by providing a real-time valuation of their kids’ needs, so they are not being taken advantage of during the divorce proceedings.
Tourism Drives Our Hilton Head, South Carolina Economy
Millions of tourists flock to Hilton Head, South Carolina each year to enjoy the beaches, golf courses, and undeniable beauty our island has to offer.
Because of our visitor rate, most of our economy is supported by tourism, making the following companies our largest employers:
- Beaufort County School District
- Cypress of Hilton Head
- Hilton Head Medical Center
- Marriott Vacation Club
- Omni Hilton Head Resort
- Salty Dog
- Sea Pines Resort
- Serg Group Restaurants
- Sonesta Resort Hilton Head
- Westin Hotels & Resorts
Contact David W. Martin Law Group Family Law Lawyers in Hilton Head, South Carolina for a Consultation Today
If you or a loved one are seeking legal advice on separation, divorce, child custody, or financial requirements, contact our Hilton Head family law attorneys at David W. Martin Law Group today by calling (803) 548-2468 to schedule a consultation. Our skilled divorce lawyers will walk you through the legal process, so you can begin making informed decisions about your future and how you want it to unfold. Call us today to learn more about boosting your confidence and getting the family law results you deserve.
Hilton Head Family Law Attorney Frequently Asked Questions
Do I Need a DNA Test to Prove Paternity in South Carolina?
If you have a child out of wedlock or believe you are the father of a child to whose mother you were not married at the time of birth you will need to establish paternity of the child before pursuing legally binding child custody, visitation, parenting plans, and child support agreements in the State of South Carolina.
Can I Pursue a Divorce Without a Hilton Head Divorce Attorney?
Divorce is a complex area of law in South Carolina that involves many factors that are difficult to navigate without a Hilton Head family lawyer. While the circumstances of your divorce, and whether one spouse is at-fault for the dissolution, are unique, the courts highly recommend all those who pursue a divorce in our state to speak with an experienced divorce attorney first to ensure their rights are protected throughout the process.
Can My Spouse and I Live in the Same House During our Separation Period?
During a no-fault divorce in South Carolina, spouses must live in two different locations throughout a complete calendar year before divorcing. Living in two separate bedrooms in one house does not qualify as a separation. It is important to discuss the details of your separation with an accomplished Hilton Head divorce attorney, so you can establish a clear start date that will allow your case to proceed without delay.
Can My Spouse and I Use the Same Hilton Head Divorce Attorney?
No. South Carolina’s Rules of Professional Conduct do not allow one lawyer to represent both parties.