Get the Representation That You Need to Protect Your Family’s Relationship in Simpsonville, South Carolina
At David W. Martin Law Group, our family law attorneys in Simpsonville believe each of our 23,000 residents should have access to local, experienced divorce, child custody, and child support lawyers in South Carolina when and where they need them.
When you need a family lawyer, you need one now. And our Greenville County family law firm is here to provide supportive and compassionate solutions for each of your unique needs because we understand that no two family law needs are the same. We provide customized legal representation for each client we represent and will fully evaluate your case to ensure your circumstances receive the personal attention they deserve.
Simpsonville Family Law Attorneys Who Will Fight for Your Rights in South Carolina
When your family life is turned upside down by divorce or child custody disputes, it affects each aspect of your life going forward, until each important detail is resolved.
At David W. Martin Law Group, our family law attorneys in Simpsonville are dedicated to leading our clients through their personal journey using our experience, skill, and attention to detail to smooth the path, so they can confidently focus on the final resolution.
Our Simpsonville family law attorney practice areas include:
- Marital Agreements / Separation Agreements
- Child Custody
- Child Support
- Alimony / Spousal Support
- Property Division
Whether you need one type of representation or a combination of our legal experience in differing areas of family law, we will be here to provide solutions.
Do I Have to Prove Fault to Get Divorced in South Carolina?
The State of South Carolina recognizes two types of divorce: Fault and no-fault.
You may file for an at-fault divorce when the cause can be proved under our South Carolina Laws, which recognize the following reasons:
- Physical cruelty
- Desertion for one year
- Habitual drunkenness or drug use
No-fault divorce in South Carolina can be filed when neither spouse is at-fault for the marriage dissolution. Before the divorce proceedings can get underway, the spouses must live separately for a minimum of one year.
Our Simpsonville divorce attorneys will outline your unique marital circumstances and determine the best divorce path for your needs. Once we establish your objectives and goals, we will begin assessing the Property Division and Alimony / Spousal Support eligibility, so you can realistically assess your financial future.
Mediation Before Divorce in South Carolina
Mediation is a neutral and confidential process where you and your spouse privately attempt to resolve your issues with separate attorneys, including property division, alimony, child custody, and child support before the court intervenes.
In most South Carolina counties, mediation is required by the courts. Even when it is not, it is recommended. Mediation is an intelligent approach to learning where each person stands on the important issues that will impact their lives going forward.
At David W. Martin Law Group, our mediation attorneys in Simpsonville focus on using the process as a form of alternative dispute resolution that allows our clients to get through the process faster, and at a lesser expense.
The more you can resolve during mediation, the less the courts will have to be involved.
What Property Is Divided After a South Carolina Divorce?
Marital property is the focus of divorce property division negotiations in South Carolina.
Marital property includes anything that was acquired by the spouses during their marriage. This could include the marital home, even if it is only in one spouse’s name.
Separate, or non-marital property is not considered for division, and can include:
- Property acquired by a spouse before the marriage
- Property acquired by a spouse through inheritance or third-party gifts
- Property excluded from marital property by a written contract or prenuptial agreement
To determine what types of property you may be entitled to your equitable share of, contact our divorce attorneys in Simpsonville today to assess the value of your marital belongings, including your home, vehicles, and other holdings.
How Will I Know If I Am Entitled to Alimony in South Carolina?
Not all divorces end with alimony being awarded to one of the spouses.
There are many things to consider, including whether you can agree to a spousal support type, amount, and frequency during mediation. If so, the judge may be more likely to approve it when it is time to finalize the terms of your divorce.
If you and your spouse cannot agree on alimony, either because the presumed payer does not agree with the award, or if you cannot agree on the details, we must prove your eligibility for alimony inside the courtroom.
There are several different types of spousal support types in South Carolina, including:
- Separate Maintenance and Support: Paid during the separation period up to or after a divorce
- Periodic Alimony: Paid in ongoing, periodic support payments for a determined time, which could be permanent if the court deems it necessary
- Lump-Sum Alimony: Paid all at once, or in a limited number of installments
- Rehabilitative Alimony: Paid to help one spouse gain the work experience, education, or training he or she needs to earn an income
- Reimbursement Alimony: Paid to reimburse one spouse for the financial or time contributions he or she made during the marriage to help the other succeed at school or work
Spousal support awards are considered by evaluating:
- The length of the marriage
- The standard of living that was established during the marriage
- The cause, or fault, of the marriage’s dissolution
- The educational and employment backgrounds of each spouse
- The complete separate and marital assets of each spouse
- Any child custody and support agreements made during the divorce proceedings
Your eligibility for spousal support will be very different from anyone else’s, which is why partnering with a Simpsonville alimony attorney will help provide the opportunity to explore all your potential options.
Will I Have to Pay Child Support in South Carolina if We Share Custody?
Child support law firms provide financial security for the children of divorce. When both parents share equal child custody, the courts will consider their unique circumstances when determining whether one or the other must pay a monthly amount.
Child support awards are based on many factors, including:
- How many children are being supported
- Who has physical custody of the children, or in shared custody, what percentage of time — including overnight stays — each parent has
- Each parent’s gross monthly income
- Whether one parent is paying alimony to the other
- Additional expenses paid by each parent, including healthcare and childcare
Every family is different, and so are their child support needs. At David W. Martin Law Group, our Simpsonville child support lawyers will outline your unique financial needs and will customize your case to pursue the best outcome available for your circumstances.
Can My Spouse and I Become Legally Separated in South Carolina?
South Carolina does not recognize legal separation. In the eyes of the law, you are either married or you are not.
If you are pursuing a no-fault divorce, you will have to live separately from your spouse for one year. During that time, we will compile an official Order of legal Separation and submit it to the courts for review. Our Simpsonville family court judge will grant or deny the order, and settle the necessary issues including property division, alimony, child custody, or child support during the separation period.
Our Simpsonville family law attorneys will prepare a complete Separation Agreement that acts as an Order of Separate Maintenance and Support to outline any disputes and resolutions, so we can move forward with finalizing the divorce once the mandated one year separation period is over.
Contact Our Experienced Family Law Attorneys in Simpsonville, South Carolina Today for a Consultation
If you are considering divorce, or have questions and concerns about child custody and child support matters before moving forward with the legal process, contact our skilled family law attorneys in Simpsonville, South Carolina today by calling (803) 548-2468 to learn how we can help you pursue your new life with confidence.
Simpsonville Family Law Attorneys Frequently Asked Questions
Do I Need a Divorce Lawyer in South Carolina?
It is possible to pursue a South Carolina divorce on your own, without an experienced attorney by your side. However, our laws are much more stringent than most states, and each letter of which must be followed precisely to ensure your divorce occurs in a timely fashion, as a single misstep with the procedures or paperwork can start the process over. Partnering with a skilled Simpsonville divorce attorney will provide you with the information and savvy you need to pursue the best outcome available for your case.
How Much Will My South Carolina Divorce Cost?
The cost of a South Carolina divorce is determined by how complex the case is. If you and your spouse can resolve the terms of your divorce during mediation, the cost is less and so is the time spent on finalizing the agreement. If your divorce is contested, which means you and your spouse are nowhere near agreeing on the same terms, the divorce will inherently be more expensive and will take longer.
What If I Do Not Want to Get Divorced?
If your spouse files for an at-fault divorce in South Carolina, blaming you for the marriage’s dissolution, he or she must be able to prove – in a court of law – that is true. If there is evidence that one spouse is at fault, you will not have much to contest. In a no-fault divorce, a divorce can be obtained whether your spouse agrees to it or not, after the required period of separation has passed.