Skilled Divorce and Child Custody Lawyers in Spartanburg, South Carolina
At the David W. Martin Law Group, our Spartanburg divorce attorneys know that when spouses decide to end their marriages in South Carolina, the requirements to do are much more stringent than in most states.
That is why it is imperative to partner with an experienced Spartanburg County family law attorney to ensure your legal rights and options to pursue the best outcome for each detail of your divorce, including property division, alimony, child custody, and child support, are not left to chance during the proceedings.
What is more, family law mediation is required throughout the state of South Carolina during all divorce cases, which provides an open forum for spouses to discuss their wants and needs before they can have their day in court.
While our South Carolina laws do not require spouses to agree on all or any of the details of their divorces during mediation, having a skilled family law attorney by your side can help lay the groundwork for smoother proceedings, so you can move forward with your new life with confidence.
What Do I Need To Do to Get Divorced in Spartanburg, South Carolina?
There are two types of divorces in South Carolina: Fault and No-Fault.
A “Fault” divorce requires one or both spouses to have caused the marriage’s dissolution in one of four ways:
- Domestic Violence
- Habitual Drug or Alcohol Abuse
Each of these allegations will require proof to move forward with a fault-based divorce in South Carolina, and our skilled Spartanburg divorce attorney can help outline the evidence necessary to strengthen your case during the discovery phase of the divorce.
If you are eligible to file for a South Carolina divorce based on fault, the court may rule more heavily in your favor when deciding custody, financial support, and property distribution matters.
The other aspect of proving fault in a South Carolina divorce is that the process moves quicker than its “no-fault” counterpart.
Typically, the elapsed time between filing for an at-fault divorce and receiving a response can range from 30-60 days, and the final hearing maybe 90 days after the initial complaint is filed if the other spouse does not contest the divorce.
The other divorce option in South Carolina is to file for a “No-Fault” divorce, which means neither spouse acted in a way that led to the marriage’s dissolution.
While the idea that no one was at fault for the breakdown of the marriage may seem like a simpler, more clear-cut path to divorce, it is actually more complex than if someone were at fault.
No-fault divorces in South Carolina require spouses to live separately for one year before they can officially get divorced.
During this time, however, our experienced Spartanburg divorce attorney can help you create a legally binding separation agreement, which allows you to make decisions regarding property division, financial support, and child custody during the mandatory waiting period.
No matter which type of divorce you pursue in South Carolina, our prominent family law attorneys in Spartanburg will walk you through your legal rights and options, so you can make informed decisions about the direction of your case.
Who Will Get Custody of the Children After a Divorce in Spartanburg, South Carolina?
Much like the divorce itself, parents typically lean one of two ways when deciding who will get custody of their children.
One approach is to share custody allowing the kids to spend equal time between each parent’s home so both parents are equally involved in their kids’ lives going forward.
There are variations of shared custody, where the kids split their time in half, or have one primary residence, but spend a significant amount of time with the parent who has visitation rights.
When parents can make amicable decisions about where their children live, each of the details may be determined during mediation, so the courts are never involved in the process other than to review and sign off on the agreement.
When parents cannot agree to child custody terms during mediation or throughout the divorce proceedings, the court will intervene and review pertinent information that will allow the judge to make a sound decision regarding how the kids will split their time.
The courts will consider:
- Whether either parent is placing the child in danger through addiction, domestic violence, neglect, or mental illness factors
- The fitness of each parent to care for a child
- Proximity to school, healthcare facilities, and other necessities
- The quality of the child’s current home environment
- The child’s preference and relationship with each parent (when applicable)
If you believe your spouse is going to put up a fight to ensure he or she receives full custody of your children during your South Carolina divorce, you are going to need a skilled and aggressive family law litigator by your side to ensure your rights and your ability to fairly pursue custody of your children are protected throughout each stage of the divorce.
Even if you were in a high-conflict marriage, which has led to a high-conflict divorce, do not let your soon-to-be-ex-spouse intimidate you into making decisions you are not comfortable with, simply to avoid confrontation. Our Spartanburg divorce attorneys will help provide the precise legal guidance you need to pursue positive results for each aspect of your case, so you can start your new life with promise.
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Contact Our Experienced Divorce Attorneys in Spartanburg, South Carolina Today
If you are seeking a fault or no-fault divorce in South Carolina, contact our experienced South Carolina family law attorneys to discuss your divorce details today by calling 864-606-0053 or contact us online to learn more about the legal process, so there are no surprises throughout the proceedings. We can help you outline your divorce and customize your legal strategy to fit your unique family law needs. Call us now to learn more.