Get the Representation That You Need to Protect Your Family’s Relationship in Rock Hill, South Carolina
At David W. Martin Law Group, our family law attorneys in Rock Hill, South Carolina are dedicated to provided real-time solutions for our community during some of their most trying times. We understand that divorce, child custody, and financial support issues are deeply personal and require legal guidance that produces answers. And that those answers cannot wait.
David W. Martin Law Group Rock Hill Family Law Attorneys
When family trouble takes over your personal life, each day becomes increasingly difficult without answers. Whether it is your decision to move on from your marriage, or if your spouse is seeking a new path, there are many things you should know about our state’s divorce process, so you can plan accordingly.
How Can I Get Divorced in South Carolina?
Our South Carolina Laws outline specific fault and no-fault divorce requirements, which often come as a surprise to many couples.
Our Rock Hill divorce lawyers will guide you through the best legal path to dissolve your marriage by evaluating your unique circumstances, so no detail is left to chance during our representation.
First, if one spouse is at-fault for the marriage’s dissolution, the other spouse must prove one of four causes recognized by our laws.
- Physical cruelty
- Habitual drunkenness or drug use
- Desertion for one year
What If Neither Spouse is At-Fault for a South Carolina Divorce?
If neither spouse is at fault, and the couple has decided to go their separate ways, our legal separation laws state that they must live separately for one year before proceeding with their divorce petition.
No-fault divorces have many conditions of their own and may require a Separation Agreement that outlines several details that will be addressed at the end of the couple living separately for one year.
Those details can include:
When couples construct an Order of Separate Maintenance and Support, the outcome is temporary but enforceable during the separation period. The end agreement will be signed off on by a judge once the divorce is final, and the details therein could change, if the family court sees fit.
Divorce Mediation is Required in Rock Hill, South Carolina
Whether your divorce petition is at-fault or no-fault, both spouses must participate in mediation before taking their case to court.
Our Rock Hill mediation attorneys will walk you through the process, so you can present your goals and requirements during negotiations that are between you and your spouse. While mediation is mandatory in Rock Hill, it is not always successful.
When details regarding property division, alimony, child custody, and support cannot be negotiated, the courts will make those decisions for you based on evidence and facts presented during litigation.
How Is Property Divided After a Divorce in South Carolina?
Property division is an important factor during South Carolina divorces, and our family law attorneys in Rock Hill provide the representation our clients need to pursue their fair share of their marital property.
When spouses cannot divide their property through mediation agreements, the court will provide a property division order that aims to equitably distribute the marital property between the two.
Marital property is anything that was acquired by the two during the marriage, including homes, vehicles, financial accounts, and other holdings.
Property that was brought into the marriage separately does not qualify for the division. Neither will any inheritances or gifts from a third-party.
To ensure what is yours stays yours during your divorce proceedings, contact our experienced property division lawyers in Rock Hill today.
Am I Entitled to Alimony After a Rock Hill Divorce?
South Carolina is an alimony state, which means that it is considered during divorce proceedings.
And while it is an option, it is not always awarded.
If you and your spouse cannot agree upon spousal support, the court will consider many circumstances before deciding on one spouse’s eligibility to receive payments.
Those factors include:
- How long the couple was married
- Standard of living during the marriage
- Separate and marital assets of each spouse
- Whether their divorce was caused by fault
- Each spouse’s educational background
- Their employment histories and ability to earn
- Child custody and support agreements
How Can I Get Custody of My Children After a Rock Hill Divorce?
Child custody conflicts cause severe anxiety for both the parents and the children. When parents can agree on where the children will live, go to school, and how visitation will be awarded to the non-custodial parent, things go much more smoothly once the agreement is presented to the judge.
The court values custody agreements that divide the children’s time equally between both households, so both parents remain involved in their day-to-day upbringing. Unfortunately, that is not always possible. We understand. Work and school schedules can interfere with a true 50/50 split, which is why the court will evaluate each family’s unique circumstances to assign legal and physical custody accordingly.
Legal custody is typically assigned to both parents and includes the ability to make decisions about the child’s education, healthcare, and overall well-being.
Physical custody decides where the children will live, and how visitation is awarded based on numerous important factors.
- The quality of the child’s current home environment
- The fitness of each parent to care for a child
- History of violence or abuse from either parent
- Where each parent lives in relation to the children’s schools
- The child’s preference and relationship with each parent, when they are of age to assert their opinion
Whether your child custody case is clear cut and managed through mediation, or high-conflict and requires litigation, our Rock Hill child custody lawyers can help you navigate the legal process and pursue the best outcome for your unique circumstances.
We also handle Rock Hill child custody cases that involve:
- Emergency Custody Actions
- Father’s Rights
- Grandparents Rights
Once child custody is determined, our Rock Hill child support lawyers will turn our focus to the financial support your kids need to continue to thrive.
Child support can also be determined during mediation. If you and your spouse cannot agree on the terms of your child support agreement, the family court will decide for you.
Partnering with an experienced child support lawyer in Rock Hill will provide a fair evaluation of your child’s needs, so your family’s well-being is the focus of the outcome.
Our Rock Hill Economy is Built on Manufacturing
Nearly 75,000 people live in Rock Hill, South Carolina, and many are employed in our city’s manufacturing sector.
Major companies in Rock Hill include:
The city is also home to several colleges, including Winthrop University.
Contact Our Experienced Family Law Attorneys in Rock Hill, South Carolina Today
If you are considering divorce and have more questions than answers, our Rock Hill family law lawyers can help you outline a clear path to creating a new, confident life. Contact our Rock Hill divorce lawyers today by calling (803) 548-2468 to schedule a consultation and learn how we can help you move forward by making sound decisions that lead to real-time solutions.
Rock Hill Family Law Attorney FAQs
What Happens if I Cannot Locate My Spouse to File for Divorce?
If your spouse has deserted you for one year or more, that is grounds for an at-fault divorce in South Carolina. Partnering with an experienced divorce lawyer in Rock Hill will allow you to take the steps necessary to attempt to locate him or her and provide notification that you have filed for divorce before proceeding with the process.
If We Can Agree on the Terms of Divorce During Mediation, Will We Still Have to Go to Court?
Typically, when spouses can agree on all divorce terms during mediation, the court will still review the agreement to ensure it is fair and just before signing off on it. Depending on the judge, you may or may not have to appear in court or the judge’s chambers for a final review of the divorce agreement. The final review of the agreement is often a formality, and our Rock Hill divorce lawyers will keep you updated on what the court expects from you before finalizing their decision.
If My Ex-Spouse Gets Remarried, Do I Still Have to Pay Alimony in South Carolina?
If you have been ordered to pay permanent periodic alimony to your spouse, you will have to pay alimony until one of several things happens. They include your death, his or her death, or when your former spouse remarries. If your former spouse lives with a person of the opposite sex for more than 90 days, your alimony could also be terminated, so it is important to speak with an experienced alimony attorney in Rock Hill to ensure your rights are protected, and that you are not being financially taken advantage of.