Get the Representation That You Need to Protect Your Family’s Relationship in Mount Pleasant, South Carolina
At David W. Martin Law Group, our family law attorneys in Mount Pleasant, South Carolina understand just how quickly our city is growing and how that affects our day-to-day lives in Charleston County.
With an estimated population of nearly 92,000 people, Mount Pleasant spent years as one of the fastest-growing cities in South Carolina. And like our city, our law firm continues to grow to provide experienced legal representation for all who need a skilled family law attorney to get through trying times.
David W. Martin Law Group – Mount Pleasant Family Law Attorneys
Family law matters are deeply personal and are often complicated by our complex laws. Our family law lawyers in Mount Pleasant work tirelessly to provide a seamless experience for our clients, so they can put this difficult time behind them and move forward with confidence.
Our experienced Mount Pleasant family law firm practice areas include:
- Marital Agreements / Separation Agreements
- Property Division
- Alimony / Spousal Support
- Child Custody
- Child Support
If you need legal advice or dedicated representation in one or more of these family law practice areas, our attorneys are available now to discuss your important needs, so you can start moving in a new direction.
Will My Mount Pleasant Divorce Require a Separation Agreement?
Your divorce is as unique as you are, and the process in which it unfolds will be dictated by the type of divorce petition you file.
Our South Carolina Laws require divorces to unfold in one of two ways: One person is proven to be at-fault for adultery, desertion, cruelty, or drunkenness/drug use; or during a no-fault divorce proceeding where neither spouse is found to be at-fault for the dissolution.
When spouses file for a no-fault divorce, the law requires they live apart for one year before the divorce is finalized.
If you are seeking a no-fault divorce in South Carolina, you may need a Mount Pleasant divorce attorney to outline an Order of Separate Maintenance and Support listing the important aspects of your split.
They can include interim agreements for:
- Property division
- Spousal support, when applicable
- Child custody arrangements
- Child support payments
After one year of living separately from your spouse, or upon proving fault in your divorce proceedings, you can file for divorce where each of these issues will be finalized.
Do not leave any of the details of your divorce or separation agreement to chance. Contact our skilled Mount Pleasant divorce lawyers today at (803) 548-2468 to discuss your needs during a consultation.
Is Divorce Mediation Required in Mount Pleasant, South Carolina?
If you are getting a divorce law in Charleston County, South Carolina, you will be required to attempt to settle your case through mediation before your case is tried by a family court judge.
Our Mount Pleasant mediation attorneys provide the experience our clients need to go into their negotiation sessions ready to make informed decisions about their futures.
Mediation serves several positive purposes, including leaving the details of your divorce up to you and your spouse, instead of placing them in the hands of a judge. The process is also typically less expensive and takes less time than litigation proceedings.
However, mediation only requires that you attempt to settle the details of your divorce. If you are unable to negotiate the necessary details, you may proceed to court and have our lawyers litigate the facts and evidence of your case on your behalf.
How Does the Mount Pleasant Family Court Order Property Division Requirements?
Like most of the details that must be finalized during a Mount Pleasant divorce, property division is going to be dictated by which type of divorce you are pursuing.
While the goal is to equitably distribute shared marital property upon divorce, that may not always mean it is distributed equally.
If you are pursuing an at-fault divorce, because your spouse has cheated or treated you cruelly, the property division may lean in your favor.
Property division during a Mount Pleasant divorce includes all marital property, which are assets and debts that were acquired during the marriage. They exclude property that was brought into the marriage by each person, any inheritance, or third-party gifts.
Our property division lawyer in Mount Pleasant will review your financial standing, and that of your spouse, so no financial detail is left to chance during the divorce proceedings.
Will I Receive Alimony After a Divorce in Mount Pleasant, South Carolina?
Not all divorces in Mount Pleasant end with alimony agreements.
While South Carolina will allow for spousal support payments in some divorce proceedings, not all marriage dissolutions are eligible.
If you and your spouse cannot agree on spousal support, the judge may decide your financial fate for you.
The family court will consider many details when reviewing your alimony eligibility, including whether your marriage is ending for a fault-based reason along with:
- The length of your marriage
- Each spouse’s education, employment history, and ability to earn
- The standard of living developed during the marriage
- Separate and marital assets of each spouse
- Child custody and support arrangements
Our Mount Pleasant alimony lawyers will walk you through the eligibility requirements, the legal process, and the different types of spousal support options available for your unique needs.
How Can I Get Custody of My Children After a Divorce in Mount Pleasant, South Carolina?
Child custody is one of the main reasons why spouses are hesitant to get divorced. At David W. Martin Law Group, our child custody lawyers in Mount Pleasant do not believe you should have to stay in a marriage that is not working for you, just to ensure you do not lose custody of your children.
We will evaluate your complete marriage and family dynamics to establish who the primary caregiver is in your relationship and build a strong case according to your relationship with your children.
The family courts are advocates for families staying together, which is why — barring any harmful circumstances — they would like to see all families split their custody down the middle, fifty-fifty.
Unfortunately, not every parent’s schedule can accommodate an equal timeshare. That is why we review the following circumstances to develop a real-time agreement that is fair to both spouses while placing the best interests of the children first.
- The quality of the children’s current home environment
- The fitness of each parent to care for a child
- Whether there has been a history of violence or abuse from either parent
- Where each parent lives to school, activities, healthcare, and other necessities
The child’s preference and relationship with each parent may be considered if the judge believes they are old enough to make the decision and if it is reasonable to ask them to do so.
No matter how straightforward or complex your Mount Pleasant child custody case may be, our family law attorneys will review the details and customize solutions for emergency custody actions, mediation child custody agreements, high-conflict custody cases, Father’s Rights, Grandparents Rights, and even relocation requests by either parent.
We know how important your kids are.
Allow us to help ensure their best interests are the priority.
How Much Child Support Will I Have to Pay After a Mount Pleasant Divorce?
Our child support lawyers in Mount Pleasant will be the first to tell you that the answer to this question is different for everyone.
If your spouse was awarded physical custody of your children, you will probably be ordered to pay child support that covers their ongoing financial needs. How much that is will depend solely upon your financial standing, the number of children you are supporting, their expenses, and your ex-spouse’s finances.
For an estimated idea, you can fill out the details on the South Carolina child support calculator. However, keep in mind this is just an estimate. Talk to our Mount Pleasant child support attorneys today to learn how we can pursue the best outcome for your unique circumstances.
Contact David W. Martin Law Group Family Law Attorneys in Mount Pleasant, South Carolina for a Consultation Today
If you are considering separation or divorce, or have already begun the process and are worried about mediation, child custody, or child support details, contact our experienced Mount Pleasant family law attorneys at David W. Martin Law Group today by calling (803) 548-2468 to schedule a consultation. We are available now to discuss the important details of your case and to provide the solutions you need to move forward with confidence.
Mount Pleasant, South Carolina Family Law Attorney FAQs
What If My Spouse Does Not Agree to a Divorce?
Your spouse cannot stop you from obtaining a divorce if you can prove grounds for divorce based on the South Carolina requirements If your spouse does not have a legitimate defense to dispute your claim, you may proceed with the divorce petition.
Can My Spouse and I Legally Separate Instead of Divorce in South Carolina?
South Carolina does not recognize a legal separation. You are either married or not married. We do have an Action for Separate Maintenance and Support, which operates much like a legal separation would elsewhere. Our Mount Pleasant divorce attorneys can explain the differences to you during a consultation.
Do I Have to Live in South Carolina To File For Divorce There?
If both spouses have lived in South Carolina for at least three months, either spouse is eligible to file for divorce. One spouse must have resided in the state for at least one year if the other lives out of state.