Dedicated Family Law Attorneys in Lancaster County, South Carolina
Nearly 29,000 people live in Indian Land, South Carolina, as our town continues to grow year after year. At David W. Martin Attorney at Law, LLC, our family law attorneys in Lancaster County believe each of our residents deserves the best legal representation available when they are facing separation, divorce, child custody, and financial support trouble.
Your future is too important to leave to chance, and we are here to ensure that your rights are protected throughout your legal proceedings, so you can focus on your future with confidence.
Indian Land & Lancaster, South Carolina Family Law Attorney Practice Areas
Family law requires compassion, skill, and the ability to listen closely to what our clients want to achieve during their unique legal proceedings.
Typically, when our clients require family law legal representation, they need our experience in more than one practice area, which is why we provide dedicated services for our Lancaster County residents.
Our complete family law practice areas include:
- Marital Agreements / Separation Agreements
- Alimony / Spousal Support
- Property Division
- Child Custody
- Child Support
Whether you need our legal experience to outline a thorough and legally binding marital agreement before your wedding, or during mediation before a divorce, our Indian Land & Lancaster, South Carolina family law lawyers are here to represent your complete family law needs.
Why Do I Need An Experienced Divorce Attorney in Indian Land, South Carolina?
South Carolina Laws closely dictate the divorce requirements in our state, which are very different from others throughout the country.
There are two types of divorce in South Carolina: At-fault and no-fault.
When spouses are seeking an at-fault divorce, the recognized conditions for their petition are adultery, desertion, cruelty, or habitual drunkenness or drug use.
When spouses are seeking a no-fault divorce, neither must prove the other spouse is responsible for the marriage’s dissolution. They must, however, live separately for one year before the petition can be finalized.
During the separation period, our Lancaster divorce lawyers will draft a Separation Agreement that will pave a clear path to our client’s future, including their alimony or spousal support requirements leading up to and after the divorce, property division, and complete mediation representation to ensure the process goes smoothly.
If our clients are unable to finalize a divorce agreement during the mediation process, we will litigate their case in court, so together we can pursue their exact needs to enjoy the standard of living they enjoyed before the separation and divorce.
How Is Property Divided During a Divorce in Lancaster County, South Carolina?
Each divorce is unique, and no two sets of circumstances will produce the same outcome, which is why our Indian Land & Lancaster, South Carolina divorce lawyers fully evaluate each case we represent to ensure our client’s goals are represented inside and outside the courtroom.
That includes pursuing their share of the community property that was acquired during the marriage.
Shared property is any possession, asset, or financial holding that was acquired during the marriage and can include the family home, automobiles, bank accounts, and even businesses. The financial segments that are not included are assets each spouse had before the marriage, inheritances, or third-party gifts.
Several marital factors come into play during property division in Lancaster County and include the length of the marriage, the ages of each spouse, their incomes, and marital misconduct — when applicable — to name a few.
Our property division attorneys in Indian Land & Lancaster, South Carolina will fully outline both our client and their spouse’s financial standing, so no detail is left to chance during the distribution, so you get what you deserve.
The property division portion of your divorce is important. It will dictate your future financial standing, and an experienced divorce attorney in Lancaster County can make the difference between you getting everything you deserve for your unique circumstances and walking away with less.
Is Divorce Mediation Required in Lancaster County?
Many counties in the State of South Carolina require spouses to pursue mediation to work out the details of their divorce before the petition is finalized. Lancaster County is not one of those counties, but the family courts and the judges who preside over them highly recommend mediation first.
Mediation lessens the burden on the family courts while allowing spouses to review and negotiate the details of their divorce without the court’s involvement.
While mediation is currently not required in Indian Land, South Carolina, it can lessen the time and expense of pursuing divorce litigation. If you and your spouse are unable to agree on your divorce details during mediation, the judge will make those decisions for you.
How Does the Court Decide Who Gets Child Custody in Lancaster County, South Carolina?
At David W. Martin, our child custody attorneys in Indian Land & Lancaster, South Carolina understand how important your kids are to you. Before, during, and after a divorce, you will do everything you can to protect them, and we are here to help ensure that is true.
We will design your case to include both legal and physical custody arrangements, so you can maintain your existing relationship with your children.
- Legal Custody: Parental rights to make decisions about education, health care, and the welfare of your children
- Physical Custody: Dictates the children’s living arrangements and visitation schedules
Keep in mind, family courts will focus on what is in the children’s best interests while working to maintain both parents’ involvement in all aspects of their lives.
Joint custody is preferred, but most parents simply are unable to provide a schedule that involves a true 50/50 timeshare split.
Instead, a list of factors will determine which parent will be the primary custodial parent, and which parent will have visitation rights.
In South Carolina, those factors include:
- The quality of the child’s current home environment
- The fitness of each parent to care for the children
- Any history of violence or abuse from either parent
- Each parent’s proximity to school, healthcare facilities, and other necessities
While some child custody cases are clearly defined by the courts, others are more complicated than simply creating an amicable visitation schedule.
At David W. Martin, our child custody lawyers in Lancaster County, South Carolina represent parents in many types of cases, including:
- Child Custody Agreements through Mediation
- Child Custody Arrangements in High-Conflict Divorces
- Emergency Custody Actions
- Father’s Rights
- Grandparents Rights
- Relocation Permission/Agreements
When appropriate, the court may also consider the child’s preference and relationship with each parent when determining child custody.
Does Child Custody Dictate Who Pays Child Support in Lancaster County, South Carolina?
Child support is a legally enforceable payment plan for a child’s healthcare, education, housing, and physical needs after a divorce occurs between their parents.
Once child custody is decided, the primary custodian will typically be awarded child support to ensure the children can continue to thrive.
While the South Carolina Department of Social Services provides an online child support calculator to help estimate payments by outlining the number of children to be supported, who has primary custody, both parents incomes, and any miscellaneous financial payment being made — like spousal support — the courts strongly recommend parents retain an experienced child support lawyer in Indian Land & Lancaster, South Carolina to ensure their rights are protected throughout the process.
Many factors will be considered when outlining a proper child support payment, including childcare costs, healthcare and insurance premiums, and any military involvement by either parent.
Child support is important to both the children’s well-being and the health of their primary household, which is why you should consult with a skilled Indian Land & Lancaster, South Carolina child support attorney to ensure no detail is left to chance during the equation.
Contact Our Experienced Family Law Attorneys in Indian Land, South Carolina Today
When it comes to your personal life and future happiness, many details hang in the balance, and to ensure your rights are protected throughout the decision-making process — whether it is a separation, divorce, child custody, or financial support case — you must partner with an experienced Indian Land & Lancaster, South Carolina family lawyer.
Contact our dedicated family law attorneys in Indian Land & Lancaster, South Carolina at David W. Martin today at (803) 548-2468 to discuss your legal needs during a confidential and free initial consultation, so you can begin planning your future with confidence.
Indian Land, South Carolina Family Law Attorneys FAQs
What Types of Child Custody Arrangements Do the South Carolina Courts Consider?
South Carolina Family Courts can award parents sole, joint, or shared custody of their children.
In some cases, custody can be awarded to non-parents, including grandparents, or other close relatives when the parents are not capable of taking care of them on their own. Our courts also maintain the right to terminate a parent’s parental rights. If you are seeking custody of your child or children in Lancaster County, South Carolina, contact our experienced family law attorney to understand your rights.
Is It Possible For a Father To Get Custody of a Child in Indian Land & Lancaster, South Carolina?
Yes. The South Carolina family courts will rule on child custody controversies based on what is in the best interests of the child, instead of giving preference to mothers when awarding custody of children. However, if the mother and father of the child(ren) were not married at the time of the child’s birth, the father will have to prove paternity before being considered for any type of custody award.
Is My Initial Family Law Consultation Kept Private?
At David W. Martin Attorney at Law, LLC, all communication between clients and attorneys are private and confidential. Even your initial consultation. We take each of our client’s right to privacy very seriously. Family law is a complex area of legal concentration, which requires a compassionate and experienced approach to produce results. We can only create real-time solutions when we know each detail of your legal need. Because of the delicate nature of our cases, privacy is paramount to our success inside and outside the courtroom.