Get the Representation That You Need to Protect Your Family’s Relationship in Spartanburg, South Carolina
At David W. Martin Law Group, our family law attorneys in Spartanburg, South Carolina understand how delicate, private, and hard it is to find a lawyer you can trust with your most intimate family details.
We also know that nothing about pursuing a divorce, child custody, or financial support is easy. You are going to have to make a lot of hard decisions, all of which can become much easier to navigate with the help of an accomplished family lawyer in Spartanburg County.
Our family law lawyers focus on your complete needs and create solutions that align with your objectives, so you can plan your physical, emotional, and financial future with confidence.
Experienced Spartanburg Family Law Attorneys
Each of our clients requires a customized legal approach to pursuing the results they deserve from their family law case.
At David W. Martin Law Group, our family lawyers in Spartanburg focus on each of our client’s unique needs, so we can help them set their goals by providing real-time solutions to meet their complete needs.
Our Spartanburg family law firm practice areas include:
- Marital Agreements / Separation Agreements
- Property Division
- Alimony / Spousal Support
- Child Support
- Child Custody
Whether you have been married for five years and have no children or married for twenty and have many kids at varying ages, we will outline your case to develop the best outcome available for your circumstances.
What Are the South Carolina Divorce Laws?
South Carolina has a unique set of family laws for each aspect of a marriage’s dissolution.
Our South Carolina Laws outline two available approaches for pursuing divorce: No-fault or at-fault divorce petitions.
No-fault divorces can be filed when neither spouse caused the breakdown of the marriage but have other reasons for wanting to move forward in a separate direction. When spouses file for a no-fault divorce law in South Carolina, they must live in two different locations for one year before their case can proceed towards finalization.
When one spouse files for an at-fault divorce in South Carolina, he or she must prove that their spouse is guilty of one of the following behaviors:
- Physical cruelty
- Habitual drunkenness or drug use
The other spouse will have thirty days to respond to the petition before we can proceed with your divorce. While we await their response, we will begin building your case to achieve your goals.
What Goes Into a South Carolina Separation Agreement?
Separation Agreements, technically called an Order of Separate Maintenance and Support, will outline the terms of your divorce — focusing on both points you and your spouse may agree on, and those you do not — including child custody, property division, and alimony / spousal support.
This is a temporary separation order, which will become fully settled when a final hearing or trial finalizes a divorce.
Can We Settle Child Custody and Child Support Matters at the Same Time?
Child custody must be established before child support is decided. However, both can be negotiated at the same time during the mediation.
If you and your spouse can agree on the terms of your child custody and child support before going to family court, the judge will typically sign off on the agreement, assuming it is fair to both parties and has the kids’ best interests at the forefront of the contract.
If either parent is contesting the physical and legal custody of the children, a judge may decide for you after examining and weighing several factors.
They can include, but are not limited to:
- The quality of the child’s current home environment
- The fitness of each parent to care for a child
- Any history of violence or abuse from either parent
- Where each parent lives in relation to the child’s school, healthcare facilities, and other necessities
- The child’s preference and relationship with each parent, when applicable
Our Spartanburg child custody lawyers represent clients who need our representation during:
- Child Custody Mediation
- High-Conflict Child Custody Litigation
- Emergency Child Custody Actions
- Father’s Rights
- Grandparents Rights
- Relocation Permission and Approval Hearings
Once child custody is determined, our child support attorneys in Spartanburg will begin working on the best financial outcome for your unique needs
Our South Carolina laws outline several facts when determining the amount of child support one parent must pay the other, which will include but is not limited to:
- The number of children the parents share
- Who has physical custody of the children
- If the parents share custody, the what percentage of time each parent has throughout the week, including days, nights, weekends, and holidays
- Each parent’s gross monthly income
- Whether one parent is paying alimony to the other as part of their divorce settlement
- All additional expenses paid by each parent, including childcare and healthcare
- How the child tax credits are assigned
This equation will be different for each family, which is why it is important to partner with an experienced Spartanburg child support attorney, so you can get the amount necessary to allow your children to thrive.
If you are the parent who is paying child support in Spartanburg, you want to be sure you are assigned a fair amount, which is the representation our law firm provides for mothers and fathers.
Divorce and Child Custody Mediation is Mandatory in Spartanburg, South Carolina
Simply put, mediation is a process that allows two parties to resolve their legal issues without going to court. It is also mandatory for all divorce and child custody hearings in Spartanburg, South Carolina.
Our family courts require couples to attend mediation to outline the details and terms of their divorce, including property division, alimony, and child custody and financial support when the couple shares minor children.
While mediation is mandatory, resolving each issue is not required. If you and your spouse cannot reach the necessary terms of your case, we will litigate your position inside the courtroom, where the judge will rule on the terms that will be finalized and enforceable going forward.
Mediation has many benefits, including privacy to negotiate the terms of very important and personal issues outside the courtroom. Mediation is typically less expensive than litigation and can achieve faster results.
If you and your spouse, along with your attorneys, and the mediator, can successfully finalize the details of your divorces, it will typically be reviewed and approved by the court as a formality, and you can each move forward with your lives sooner than later.
Hard Work Pays Off For Our Spartanburg Community and Economy
Nearly 38,000 people live in Spartanburg, South Carolina, and help support our economy by working for many of our largest employers.
- Spartanburg Regional
- Spartanburg County
- Spartanburg County School District 7
- American Credit Acceptance
- Wofford College
- City of Spartanburg
- Advance America
- Denny’s Corporation
Spartanburg is also home to the world headquarters and research facility for a textile and chemical manufacturer, Milliken & Company.
Contact Our Spartanburg Family Law Attorneys at David W. Martin Law Group today for a Consultation
Partnering with a divorce attorney should not give you as much anxiety as the separation itself. At David W. Martin Law Group, our family law attorneys in Spartanburg, South Carolina believe you should be comfortable with discussing the details of your divorce, child custody, and financial support needs with your lawyer any time you have a question or more information to add to your case. We provide an open communication format that allows our clients to trust our process and focus on their future knowing our conversations are safe, private, and designed to produce optimal solutions.
If you need a divorce or family law lawyers in Spartanburg, contact us today at (864) 606-0053 to schedule a consultation. We are here to help.
Spartanburg Family Law Attorneys Frequently Asked Questions
What Do I Have to Do to Get the Divorce Process Started in South Carolina?
You must file a petition for divorce to start the process. However, if you are unsure of your rights and options for divorce in South Carolina, you should speak with a divorce lawyer in Spartanburg to learn the best path for your unique circumstances.
My Ex is Behind on Child Support. Can I Keep Him or Her From Seeing Our Kids?
No. Child support and visitation are two separate issues. If you keep him or her from seeing your children, you may be violating your court-ordered custody/visitation agreement. Instead, speak to an attorney about the past due to child support to discover ways to legally pursue payment enforcement options.
Can I Stop Paying Child Support if My Ex Will Not Let Me See My Children?
No. Much like lack of payment does not change visitation rights, not paying child support is not an option in these two separate legal issues. Continue to pay child support and speak to a child custody attorney in Spartanburg about enforcing the court order that is in place. If you stop paying child support, you could be held in contempt of court.
Can I Force My Ex-Wife to Change Her Last Name from Mine?
No. In fact, if she plans to change her name back to her maiden name, she must state that is the case before the terms of the divorce are finalized. She will have to appear under oath and answer several questions about changing her name before being approved to do so.