Divorce Lawyers in Rock Hill, South Carolina
At the David W. Martin Law Group, our divorce lawyers in Rock Hill are knowledgeable, compassionate, and focused when it comes to each of our client’s unique family law needs.
The truth is, most people do not know what to expect from a divorce and have only experienced the concept through friends or family members, which can be misleading. Each divorcing spouse we represent is unique, and so are their post-divorce needs.
In South Carolina, spouses may pursue a divorce in one of two ways: At-fault or no-fault, which means either one spouse has behaved in a way that places him or her at-fault for the marriage’s dissolution, or that they both agreed it was time to end the marriage, and that no one person was at-fault.
Both require vastly different legal approaches, which is why it is important to partner with a York County divorce attorney who will outline your unique circumstances and fully explain the process, so you can move forward with your life with confidence.
What is the Difference Between At-Fault and No-Fault Divorces in Rock Hill, South Carolina?
South Carolina Laws separate divorce into two distinct filings — At-Fault Divorce and No-Fault Divorce — which require two different legal approaches to pursuing success.
At-fault divorces are caused by:
- Physical cruelty
- Habitual alcohol or narcotic drug use
- Desertion for one year
The spouses must wait a minimum of 90 days from the initial divorce petition before requesting a hearing to finalize their divorce. This is true even if a settlement has been reached before the elapsed 90 days.
If a divorce agreement cannot be met, the judge will decide the outstanding details at the final hearing.
No-fault divorce does not require either spouse to prove one or the other was at-fault for the breakdown of the marriage.
When this is true, the spouses must separate for one year, living in separate homes and having separate lives, before they may proceed with the divorce.
This mandatory separation period is the perfect opportunity to outline the details of your divorce, and our Rock Hill divorce attorneys will ensure no detail is left to chance while outlining this important document.
What Decisions Do Spouses Make During Rock Hill, South Carolina Divorce Proceedings?
At the David W. Martin Law Group, our divorce attorneys in Rock Hill, South Carolina discuss each of our client’s unique needs at length, so we understand what is important to them and how we can help pursue their immediate and future goals by pursuing the best outcome available for their divorce.
Including the details involving:
If you are considering divorce in South Carolina and would like to know how it will affect your parenting, finances, and your future, contact our experienced Rock Hill divorce lawyer today to learn more about your legal rights and options.
Will I Be Awarded Alimony as Part of My Rock Hill, South Carolina Divorce?
South Carolina does allow spousal support to be awarded to one spouse when he or she fits the criteria for the financial determination.
Whether is it temporary alimony that will provide support as you reenter the workforce, or permanent spousal support awarded after a long-term marriage, our divorce attorneys will review your complete financial standing to ensure you may pursue the financial support that is right for your unique needs.
However, our South Carolina laws state that if one spouse committed adultery, either while married or during their mandated separation, and the other can prove it, the philandering party will no longer be entitled to seek alimony.
Proving adultery is a much lower threshold than providing tangible evidence, and only requires that your spouse has the inclination and the opportunity to cheat.
Likewise, the non-cheating spouse may be awarded a greater portion of the marital assets if he or she can prove the adulterer spent a considerable amount of money on the person with whom they were having an affair.
If we can prove your spouse cheated, the legal fees and other costs related to the divorce may become his or her responsibility, if ordered by the court.
How Long Will My Rock Hill, South Carolina Divorce Take?
Since each divorce is unique, so is the amount of time it takes to finalize the outcome.
When both spouses can agree on the divorce’s details — either privately or through mediation — the divorce can usually be finalized at the end of the designated waiting period, which is 90 days or one year, depending on how you filed.
When spouses cannot agree on the details of their divorce and are contesting issues of property division, alimony, child custody, visitation, and child support, divorce proceedings usually take longer than the mandatory waiting periods, as each spouse’s attorney moves forward with discovery, depositions, and subpoenas, which takes time to investigate, secure, and finalize.
Is Mediation Right For My Rock Hill, South Carolina Divorce?
Our divorce attorney in Rock Hill explains to all our clients that if the parties cannot reach an agreement before their final divorce hearing, they must attend mediation in South Carolina.
Our South Carolina laws only require that spouses try to resolve their differences through mediation before the final divorce hearing — it does not require that they succeed.
When you and your spouse can work out the details of your divorce — which is more likely in no-fault, uncontested divorces — our attorney will devise a separation agreement that is legally binding now, and when it is time to finalize the divorce, so you can put this behind you as soon as the required time expires.
Call Our Divorce Attorneys in Rock Hill, South Carolina Today
If you have questions about how your divorce will advance through the legal process, no matter what type of divorce you are pursuing or how complex the details may be, we will help you outline the legal solutions necessary for a unique case’s success. Contact our experienced divorce attorneys in Rock Hill, South Carolina at the David W. Martin Law Group by calling (803) 985-9200 today.