Fort Mill Divorce Attorney
Aggressively Protecting Our Clients’ Futures
The Fort Mill divorce lawyer at David W. Martin Attorney at Law, LLC is here to help you get through this trying time in your life. If you’re considering divorce, contact our Fort Mill divorce lawyer for a legal consultation. During this case review, we will walk you through the process, let you know how we can help, and give you an idea of what to expect in the coming months.
Dial (803) 590-1958 to work with a lawyer who truly cares about you and your family. Initial case reviews are always confidential.
What Should I Expect When Filing For Divorce in Fort Mill?
Every divorce is different, but all must obey the same state laws. South Carolina’s divorce statutes will determine how the courts will handle your dissolution of marriage. Knowing what to expect can help you enter into the legal process with confidence.
Here are the general steps for divorces in the state:
- File for divorce: To file in the state, one spouse must have resided in South Carolina for at least one year or both spouses must have lived there for three months. You must cite a fault or no-fault reason for your divorce.
- Sort through the details: You, your spouse, and/or your attorney will try to settle matters such as child custody and spousal support on your own during mediation. If you can agree on the terms of your divorce, the judge will likely agree to them.
- Go to trial: If mediation doesn’t work, your divorce will go to trial. During a trial, a judge will listen to both sides and create a decree deciding matters for the couple. A lawyer can give a voice to your side of the story during a divorce trial.
Going through a divorce is very stressful. It is complicated and could involve a custody and child support battle. The process can be lengthy and very draining if you don’t have any legal guidance. Attorney David W. Martin is here to help you make that process easier and more approachable.
What is the Divorce Process in Fort Mill?
Divorce in South Carolina begins when one spouse files a complaint about divorce in the county of residence, or the county in which you live should your spouse no longer reside in South Carolina. At least one spouse needs to be a resident of South Carolina for at least one year to qualify for a no-fault divorce. If both parties are residents, the requirement is only three months.
There are five grounds in which divorce can be filed In South Carolina. The first fault ground is a single no-fault ground, which is only applicable if you and your spouse have been living ‘separate’ and apart for a year. The other four fault grounds are physical cruelty, desertion for more than one year, adultery, habitual drunkenness or use of drugs.
Grounds for Divorce in South Carolina
Every state has its own divorce processes and “grounds,” or reasons, one spouse can file for divorce. In South Carolina, you can have a fault or no-fault divorce.
South Carolina has one “no-fault” divorce requirement: living apart (without cohabitation) for one year or longer. These divorces are the most common in South Carolina. In these cases, the filing spouse does not have to have a specific reason for the divorce or bear the burden of proving the other spouse’s fault for the split. Instead, a spouse can file for divorce simply on the grounds that the couple has lived apart continuously for at least one year. During this period of living apart, the spouses must reside in different homes. The courts will accept a unilateral decision to get a divorce.
As previously mentioned, you can file for divorce for four main “fault” reasons:
- Cruelty (domestic violence)
- Desertion for at least one year
- Drug or alcohol addiction.
In these cases, one spouse is at fault for the divorce for creating the issue that led to the dissolution of marriage.
There are two ways to meet the residency requirement for divorce in SC.
- One of the spouses must live in the state for at least one year before the couple can file for divorce
- If both spouses are living in SC when they want to file for divorce, then the spouse filing for divorce only needs to have state residency for three months.
Get the Representation You Need
If you’re going through a divorce and you’re having a difficult time understanding the process that goes with it – you need the help of an experienced Fort Mill divorce attorney that you can truly trust. A conversation with our divorce lawyer in Fort Mill can help you get a better idea of what to expect during your divorce case.
Request your consultation through our online contact form or by calling (803) 590-1958.
Caring and always follows up with his clients.- Cynthia O.
David's willingness to go above and beyond for his client astounded me.- Christopher M.
David was so much more than an attorney!- Tabitha F.
I highly recommend David Martin!- Amanda H.
He is such a caring person and a great lawyer!- Denise W.