Rock Hill Divorce Lawyer

Divorce FAQ

• How Can I Get Divorced in South Carolina?

  In South Carolina, there are some requirements you must meet before you are eligible to file for divorce.

  For one, there is a residency requirement. To initiate a divorce proceeding, either party must have resided in SC for at least one year. If both spouses are South Carolina residents, the filing party must have lived in the state for at least three months.

  You must also decide whether you’re filing for a fault-based or no-fault divorce.

  Under South Carolina law, the following are fault grounds for divorce:

  • • Adultery

  • • Desertion (abandonment) for at least one year

  • • Habitual drunkenness, including the use of drugs

  • • Physical cruelty

  The no-fault ground requires that the spouses live separate and apart for at least 365 days before filing.

  To initiate the divorce process, one must file a summons and complaint with the family court and have it served on their spouse. Ideally, you will be able to reach an agreement regarding the various issues, such as property division and child custody – especially with the help of a knowledgeable family law attorney in Rock Hill, SC.

  Even so, you must submit any written agreements to the judge for approval. If approved, the agreement will become part of a final decree or consent order. If you and your spouse cannot agree on any issue, mediation or a hearing will likely be required to address the matter.

  Our law practice can provide representation and guidance to clients who are divorcing, regardless of the grounds or situation

• What’s the Difference Between Divorce and Separation?

  Technically, South Carolina doesn’t recognize “legal separation.” You are either married or not and residing together or apart.

  However, in many cases, one spouse may need alimony or child support from the other to stay afloat financially. That spouse can request support and maintenance, which can resolve disputes for people who either haven’t yet filed for divorce or are subject to a waiting period.

  For example, a couple may decide to dissolve their union on the no-fault ground of living separately for one year. During that time, one party may need support, such as if they stayed home to care for the couple’s children.

  That person can request an Order of Separate Maintenance and Support from the court. This can address any pending issues until the divorce is finalized. In other words, it is temporary. The couple can agree to the terms, or a judge can decide on any contested issues.

• How Long Does it Take to Get a Divorce in the State of South Carolina?

  There is a three-month waiting period before a court will issue a final decree for a fault-based divorce. In other words, once the complaint is filed, you must wait at least three months for a judge to sign off on it. Note that this isn’t automatic – your divorce won’t automatically be finalized three months from filing.

  Additionally, there is an exception if your divorce is based on one year of separation or desertion. In those cases, the court can issue an order once the defendant files a response to the petition (or 30 days after the defendant is served if they never respond).

  Aside from the applicable waiting period, the time it takes for a divorce to be granted in South Carolina depends on numerous factors, such as:

  • The complexity of the case
  • The issues that are contested
  • The willingness to negotiate and reach an agreement without judicial intervention
  • The court’s docket, if hearings are required to resolve issues
  • Whether it is an at-fault divorce

  Contested divorce cases can take considerable time to conclude, especially when numerous hearings, mediation, and trial are involved. On the other hand, if the matter is uncontested and you reach a favorable agreement, your marriage may be dissolved within several months.

• How Is Property Divided After a Divorce in South Carolina?

  South Carolina is an “equitable distribution” state. In a divorce action, marital property is divided and distributed equitably between the spouses – which doesn’t necessarily mean an even 50/50 split. Marital property is anything acquired during the marriage, such as bank accounts, real property, jewelry, artwork, and retirement accounts.

  First, you must share financial disclosures with your spouse so that marital assets and debts can be identified and valued. If you cannot agree on property division, a judge will evaluate various factors when deciding.

  The equitable apportionment factors include:

  • • The duration of the marriage and each party’s age at the time of marrying and separating

  • • Any fault or misconduct by either party that may have affected the couple’s economic position

  • • The value of marital assets and debts and each spouse’s contributions

  • • Each party’s income and earning potential

  • • Either party’s need for additional education or training to earn income

  • • Each party’s physical and mental health

  • • Each party’s nonmarital property

  • • Each party’s retirement benefits (if any)

  • • Whether either party has been awarded separate maintenance or spousal support

  • • Whether the marital home will be granted to one party

  • • Any tax considerations

  • • Whether either party has support obligations from a prior relationship or otherwise

  • • The marital debt

  • • Custodial rights and visitation arrangements

  Any other relevant factors that could affect property division may be considered.

• Am I Entitled to Alimony After a Divorce in Rock Hill?

  Alimony is granted in several circumstances, such as if there is a large disparity in earning capacity between the couple.

  Whether you are entitled to spousal support will depend on numerous factors:

  • The length of time you were married and the standard of living established
  • Each party’s physical and emotional health
  • Each party’s education and the need for additional learning or training to earn income
  • Each party’s earning potential and employment history
  • Each party’s expenses and monetary needs
  • The marital and nonmarital property
  • Child custody considerations, such as if one parent stays home with the children
  • Either party’s fault or misconduct
  • Tax consequences

  The following types of alimony may be awarded:

  • Periodic: Payments terminate if the receiving party remarries or cohabitates with another person or upon the death of either party. This type of support can be modified if there’s a change in circumstances in the future.
  • Lump-sum: Payment may be one installment of a finite sum or periodically over time and only terminates upon the death of the supported party (or by agreement between the parties).
  • Rehabilitative: This is generally awarded after short-term marriages. The end date may be when the supported party completes college or job training to become self-supporting.
  • Reimbursement: This support is typically granted to compensate the receiving party for certain things, such as if they helped their spouse obtain a degree.

  Spousal support payments may be temporary or permanent, depending on the circumstances. A Rock Hill family lawyer can help you work out an equitable alimony agreement, whether you are the paying or receiving spouse.

• What Neighborhoods in York County does Minor Law Divorce Lawyers Serve?

  We serve all neighborhoods in Rock Hill and York County, including:

  • Avondale Terrace
  • Cedar Grove Park
  • Clover
  • Fort Mill
  • Hickory Grove
  • Lake Wylie
  • McConnells
  • Pecan Grove
  • Pineridge
  • Sharon
  • Sunset Acres
  • Taylor Oaks
  • Tega Cay
  • Whispering Hills
  • Winthrop Heights
  • York