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.
Reasons to Choose Our Divorce Lawyers
- Respected law firm founded in 1970
-
Attorneys selected for
Best Lawyers® and
Super Lawyers®
- BBB accredited law offices
- Proven team approach and personalized legal care
Do not wait to ensure that you have the necessary information to confidently
navigate your legal issues with our divorce lawyers in Columbia, SC.
Contact Finkel Law Firm LLC today to obtain a case evaluation with a family law attorney.