Columbia Divorce Attorneys

What Are the Grounds for Divorce in South Carolina?

If you are pursuing divorce in the state of South Carolina, then you will need to ensure that you meet the necessary grounds (reasons) for divorce. For a no-fault divorce, a couple will need to prove that they have been living separate and apart continuously for one full year without cohabitation.

Our Divorce Lawyers in Columbia, SC

Fault-based grounds for divorce in South Carolina include the following, but they are not required since North Carolina also recognized no-fault divorce:

• Adultery
• Habitual drunkenness
• Habitual drug use
• Physical cruelty
• Desertion for more than one year

The experienced family law team of Columbia divorce attorneys can work together to help you through each step of the legal process, whether you are located in Charleston or elsewhere in South Carolina. They understand the difficulty that you face and strive to provide the personalized representation you deserve.

What Are the Requirements for Divorce in South Carolina?

For a no-fault divorce in South Carolina, you must meet the grounds for divorce unless pursuing a no-fault divorce; you must meet the residency requirements; and you must meet the waiting period for a no-fault divorce.

Before you can get a no-fault divorce in South Carolina, you and your spouse must live separate and apart for at least one year. In order to skip the waiting period, you must have grounds for divorce such as adultery, habitual drunkenness or drug use, physical cruelty, or desertion for at least a year.

South Carolina also has residency requirements for divorce. If both spouse's live in South Carolina, then the filing spouse must have lived in the state for at least three months prior to filing for divorce. If one spouse lives in a different state, then the filing spouse must have lived in South Carolina for at least one year prior to filing for divorce.

What Is the Waiting Period for a Divorce in South Carolina?

There is also a mandatory three-month waiting period in South Carolina between when you file for no-fault divorce and when the divorce can be finalized.

Post-Divorce Litigation

In many cases, issues arise between people who have already been divorced. Once you are divorced you will have a court order and divorce decree often including a settlement agreement, outlining certain responsibilities you and your ex-husband or ex-wife must comply with.

If a person refuses to abide by the court order by not paying alimony or child support, for example, a family court attorney can file an action to seek enforcement of and compliance with your existing order or divorce decree as well as an award of attorney's fees.

Children of Unmarried Parents

A family court attorney in Columbia can also help you with the issues of paternity, child custody, child support, past due child support, visitation, settlement agreements, or a modification of these issues if children are born to unmarried parents. The Family Court of the State of South Carolina has jurisdiction over any issues affecting the interests of the minor children living in South Carolina.

Family Lawyers Serving South Carolina for 50+ Years Call (803) 470-0118

Dissolving the marriage of two individuals facing divorce is never a simple task. Not only is it a separation of the physical lives of two individuals, but it also involves the separation of legal and property rights involved in the marriage. Divorce can involve extensive pleadings and hearings, which is why you must ensure that your personal interests are adequately represented. Resolving property division issues and spousal support issues often require the services offered by our South Carolina divorce firm.

If you have children with your current spouse, some of the issues you may need to address include:

• Child support
• Child custody
• Alimony
• Property division

The decisions that you make during a divorce will affect your children's lives and your future. Because divorce is one of the most complex and most emotional legal situations, you should be sure to obtain the knowledgeable representation of our divorce lawyers in Columbia, SC at Finkel Law Firm LLC. In addition to divorce, the team of domestic lawyers at Finkel Law Firm LLC is equipped to help clients address other issues that arise in the Family Courts of South Carolina.