In Need of a Property Division Lawyer?
At the David W. Martin Law Group, our Spartanburg family law attorneys know that when you decide to dissolve your marriage, there is a seemingly overwhelming list of considerations you must make about your future.
The reality is, getting divorced in South Carolina is much different than it is in most states. That includes the all-important task of property division. While many states operate under community property laws, South Carolina is an equitable distribution divorce state.
This means that the courts will divide all marital property between spouses according to what is fair and equitable. While the laws use the word “fair” in their description, our Spartanburg County property distribution attorneys know that equitable does not always mean “equal.”
That is why we are here.
We know that your current and future stability begins with your financial fitness. It is incredibly important to ensure the property division portion of your divorce aligns with your next steps as an established single person, parent, or both. That requires outlining your unique needs with the legal threshold for property division in South Carolina.
Here is what you need to know, and how our skilled Spartanburg property division lawyers can help.
What Factors Determined Property Division During a South Carolina Divorce?
When couples can make property division decisions on their own, either in private, with a legal separation agreement, or during mediation, they can choose to divide their assets and debts however they choose.
If they cannot agree on these important factors, the South Carolina family courts will review the details of their marriage and make those decisions for them.
The factors they will consider will include, but may not be limited to:
- The ages of spouses.
- The length of the marriage.
- The income of each spouse.
- The child custody arrangements, when applicable.
One factor that differs from most states is whether there was marital misconduct that led to the divorce. If so, at-fault divorces can lead to the injured party receiving a significant increase in their property division award.
In no-fault divorce cases, the courts will generally divide the marital property as evenly as possible.
What is Marital Property in South Carolina?
Marital properties are the assets and debts a married couple acquired from the moment they said “I do” through their divorce.
The courts cannot divide non-marital properties, which may include:
- Assets each spouse had before the marriage.
- Gifts or inheritances one spouse received from their family or other close friends or relatives.
- Excluded money or assets outlined in a prenuptial agreement or written contract.
Why the legal definition of included and excluded properly may seem clear, but it typically does not stop one spouse from fighting for a portion of the properties they believe they may be entitled. With a skilled Spartanburg property division attorney by your side, you will never have to worry that you are being taken advantage of or threatened with statements that are simply not true.
If you are unsure of what property can be legally divided during a South Carolina divorce, we have answers.
Contact Our Dedicated Property Division Attorneys in Spartanburg, South Carolina
No matter why your marriage has come to an end, it is always recommended that you speak with a skilled divorce attorney before signing any paperwork your spouse provides for your review. We understand that in some cases, divorce may be amicable, which often leads to both spouses making important decisions on their own. While this is a great way to save time and money, it also leaves you vulnerable to getting less than you are entitled to. Having an experienced property division lawyer in Spartanburg review your agreement before you sign it will help ensure your rights are protected.
If you and your spouse cannot decide how to split your property in private, you must attend mediation before your case will be heard by a judge. We can help you negotiate the important financial factors that have become sticking points, so you can make informed decisions about your future.
Finally, if you cannot resolve your property division dispute privately or during mediation, we will help build your family law case for success inside the courtroom. Our skilled property division attorneys in Spartanburg remain trial ready, so our clients get the representation they deserve to pursue their futures with confidence.
Contact our experienced property division attorneys in Spartanburg, South Carolina by calling 864-606-0053 or contact us online today. Please call our family, personal injury & criminal law firm for more legal help.