Experienced Divorce Attorneys in South Carolina
Since divorce is a common occurrence throughout the country, including being a repeated theme in movies and pop culture, many South Carolina spouses have preconceived notions about what happens when it is time to move on from their marriage.
Unfortunately, not all of them are accurate.
At the David W. Martin Law Group, our divorce lawyers in Fort Mill, SC understand how difficult it is to end a marriage in South Carolina as our divorce laws and statutes are much different than in other states.
Whether you have been married for five years or twenty-five years, the details of your divorce are going to be unique.
Divorce is very personal, and the details that led to making this important decision are complex and require a resourceful South Carolina family law attorney to produce results.
If you are considering a divorce in South Carolina, or have already left your family home and are ready to proceed with the paperwork necessary to make it official, our Fort Mill & Greenville divorce attorneys can help guide you through the legal process, beginning with a consultation.
What Are Grounds for Divorce in South Carolina?
According to our South Carolina Laws divorce can be pursued in our state in two different ways.
The first option is filing for a fault divorce, which means there must be proof of wrongdoing by either or both spouses that breach the marital contract.
Fault divorces require the marriage’s dissolution to be based on one of the following civil offenses:
- Domestic violence also called physical cruelty
- Desertion for one year
- Habitual drunkenness, including that caused by alcohol, or the use of any narcotic drug
If you are filing for a fault-based divorce, you must first file for a summons and complaint about divorce.
It then takes between 30 and 60 days to file an answer to the complaint and any counterclaims.
You may request a final hearing on fault-based grounds 90 days after you initially file for divorce in South Carolina.
Since divorce proceedings are unique to each couple, the exact time it takes to file for a fault divorce can range from a few months to a year, depending on how quickly paperwork is filed and if the divorce is contested.
Next, spouses may pursue divorce under the “no-fault” statute where neither spouse must admit or prove he or she was at fault for the breakdown of the marriage.
If the dissolution is legally no one’s fault, the spouses must live separately for one year before they can proceed with their divorce in South Carolina. However, during that time, you will want to outline the details of your divorce using a comprehensive and legally-binding separation agreement to protect your future.
This agreement will allow you to determine details regarding property division, spousal support, child custody, and child support matters until the divorce meets its eligibility for finalization.
No matter how it begins, divorce is almost always a painful and difficult process for all parties involved. We understand that it’s a trying time for you and your children, and our South Carolina family law team at David W. Martin Law Group is here to help.
Whether your divorce is an at-fault or no-fault situation, we can help you and your family attain the best possible outcome available for your unique circumstances.
Outlining the Details of Your Divorce in South Carolina
Aside from the question of fault or no-fault in your divorce, you and your soon-to-be ex-spouse will also have to review several important decisions, particularly when you have children together. In some cases, you may be able to resolve these disputes during mediation, which can shorten the time you spend in the divorce court in South Carolina.
Some of the most common divorce-related disputes include:
In South Carolina, a divorce that is caused by the fault of either party can impact how the court views the equitable distribution of property, spousal support and maintenance awards, and custody issues, so it is important to discuss each aspect of your marriage with our attorneys, so no detail is left to chance during the discovery phase.
Our South Carolina divorce lawyers focus on the specifics of your case to ensure we are planning for your future success.
Will We Have to Attend Mediation Before Our Divorce Can Proceed in South Carolina Courtroom?
Mediation is mandatory in most South Carolina counties, but even when it is not required, the family courts strongly suggest spouses try to negotiate the details of their divorce before it reaches the courtroom.
However, spouses are not required to reach an agreement during the mediation process.
When divorcing couples keep an open mind, and enter the mediation process with intentions to succeed, both spouses can make definitive decisions about their finances, children, and other household needs without the court becoming involved or dictating the terms of their divorce.
Mediation allows our lawyers to help facilitate peaceful negotiations between you and your spouse, so you can achieve a resolution that works for both of you.
If you have tried mediation and it was unsuccessful, and you would like to litigate your case inside the courtroom, our experienced divorce attorneys in South Carolina will lead the way, so you can pursue the best outcome available for your unique divorce casein South Carolina.
Does the David W. Martin Law Group Handle High-Conflict Divorces in South Carolina?
Ending a marriage means making difficult decisions, which is why our South Carolina divorce attorneys provide the experience our clients need to focus on solutions.
Our Fort Mill, SC Family lawyers will listen to your concerns, advocate for your rights, and navigate a high-conflict divorce using diplomacy and skill, so our clients do not get caught up in the combative nature of their marriage’s dissolution.
When divorces are heated, spouses have a hard time coming to terms with the details that will allow each to move forward with their lives.
At the David W. Martin Law Group, our divorce attorney in South Carolina is a certified mediator who has the negotiation skills necessary to achieve results outside the courtroom or to aggressively litigate our client’s case inside the courtroom.
Our Family Law Lawyers in South Carolina Represent Clients in the Following Practice Areas:
- Property Division
- Alimony / Spousal Support
- Child Custody
- Child Support
- Legal Separation
- Emergency Custody Actions
- Child Relocation
- Father’s Rights
- Grandparents Rights
Our knowledgeable family law lawyers in South Carolina handle all types of divorces, including:
- Common-law marriage issues
- Contested divorce
- Military divorce
- Modifications of prior orders
- No-fault and at-fault divorces
- Same-sex divorce
- Separation agreements
- Settlement agreements
- Uncontested divorce
Regardless of the elements involved in your case, our South Carolina divorce attorneys can produce real-time solutions that ensure the process is as smooth and painless as possible, so you can focus on your future with confidence.
Contact Our Skilled Divorce Lawyers in South Carolina to Schedule a Consultation Today.
At the David W. Martin Law Group, our skilled South Carolina divorce attorneys focus on providing results for our clients, whether their marriage dissolution is amicable, highly contested, or somewhere in between. We understand that each divorce is unique, and what is important to you may not apply to another client.
That is why we customize each case we represent, so you can pursue results that allow you to move forward with your life as quickly as the law will allow while enjoying the best outcome available for your unique case.
If you are considering divorce and would like to learn how we can protect your rights while pursuing the outcome you deserve, contact our experienced divorce attorney in South Carolina for a consultation by calling (803) 548-2468 today.