If you find yourself facing a divorce in South Carolina, know that you can turn to the experienced team at Minor Law Divorce Lawyers. Our South Carolina divorce lawyer has nearly a decade of experience and is dedicated to helping families in South Carolina through these difficult and challenging times. Contact us today at (803) 504-0971 for a confidential consultation.
We are committed to protecting your rights and interests, and we want to help get the best possible outcome for you and your family. We can answer all your questions and will guide you step-by-step through the whole process. Contact us now to learn more about our services.
Why Choose Minor Law Divorce Lawyers for Help With a Divorce in South Carolina?
The results of your divorce can have lasting implications that affect your life for years to come. That is why it is so important to have an experienced lawyer during this time who can help you achieve your goals.
At Minor Law Divorce Lawyers, you will get a strong advocate who will stand up for your rights and work diligently to protect your interests. Our experienced South Carolina divorce attorney can help you by:
- Answering all your questions about South Carolina divorce law and how it applies to your situation
- Handling all paperwork and legal documents required for the divorce process
- Keeping you thoroughly informed about your divorce at every step of the process
- Gathering evidence to help support your case and get you a favorable outcome
- Negotiating a settlement of disputed issues to avoid lengthy and costly litigation
- Asserting your rights in court at hearings and at trial when necessary
When something this important is at stake, do not leave the results to chance. Contact our law firm and let us put our experience to work for you. You do not have to go through this difficult and emotional time alone, so contact us today to let us get to work.
What Are the Legal Grounds For Divorce in South Carolina?
Some states require specific legal grounds for divorce, while others allow for “no fault” divorces. South Carolina allows for either a fault-based or no-fault divorce. South Carolina law specifies the grounds for fault-based divorces as:
- Adultery
- Desertion for at least one year
- Habitual drunkenness (drugs or alcohol)
- Physical cruelty
Additionally, the law allows for a no-fault divorce to be granted. However, certain requirements must still be met even in no-fault situations. To qualify for a no-fault divorce, the parties must have lived separate and apart without cohabiting for at least one year.
How Long Does a Divorce Take in South Carolina?
The amount of time that it takes to complete a divorce in South Carolina varies widely from one case to the next. Every divorce is unique, and the issues that must be resolved are specific to your divorce.
First, you must make sure that you meet either the fault-based or no-fault requirements for divorce mentioned above. It may take up to one year to even be eligible for divorce, depending on the reason for your divorce.
Next, understand that South Carolina has a three-month waiting period for fault-based divorces. This means that a final hearing can be scheduled no sooner than 90 days after the filing of the petition for divorce. However, most divorces are likely to take even longer.
Some of the factors that can influence how long your divorce takes include:
- Whether your divorce is contested or uncontested
- The specific legal grounds for divorce that you are using
- Whether you have met the South Carolina residency requirements
- The specific issues that must be resolved, such as child custody, child support, property division, and spousal support
- The financial complexity involved in your case
- Whether there are any hidden assets involved that must be discovered
- Whether mediation will be required in your case
- The current backlog and schedule of the court system
At Minor Law Divorce Lawyers, we understand that you want to finish your divorce as soon as possible so that you can move on with your life. We will work tirelessly to help you get a favorable outcome as quickly as possible so that you can put this situation behind you and move on to your next chapter.
How Will Property Be Divided During My Divorce?
Like most states, South Carolina follows the rule of equitable distribution. This means that the property will be divided equitably, or fairly, during your divorce. Keep in mind that an equitable division does not necessarily mean an equal or 50/50 split.
Property division during a divorce only applies to marital property. This is essentially all property and assets that were acquired during the marriage. Property acquired by one spouse before the marriage or after separation may be considered separate property, and that property may not be subject to division during the divorce process.
When making a determination of how to divide each asset or piece of property, the court will look at many factors.
Some of those include:
- Each spouse’s contribution to the property, either monetary or non-financial
- The length of the marriage
- Whether one spouse’s fault affected the property
- The age and health of each spouse
- Potential tax consequences, liens, debts, and retirement benefits
- Other factors that may be relevant
The court has fairly wide discretion to consider all relevant factors when making a final determination of how property should be divided.
How Can I Get Custody of My Children During a Divorce in South Carolina?
Divorces involving children can get extremely emotional, and we understand that every parent wants to protect their children. South Carolina recognizes two primary types of custody arrangements—joint custody and sole custody. Joint custody means that both parents have the legal right to be involved in any decisions that affect the child, while sole custody assigns that decision-making authority to only one parent.
Even when joint legal custody is awarded, the child may spend most of their time with one parent. This parent is typically known as the primary caregiver, and the other parent will usually have visitation rights. During a divorce, parents may submit parenting plans to the court that detail how things will work after the divorce.
When making custody decisions, the courts in South Carolina always consider the best interests of the child.
This may require examining many factors, such as:
- Any history of abuse or domestic violence
- The child’s preference (in some situations)
- Each parent’s fitness and character
- The temperament and developmental needs of the child
- The child’s adjustment to home, school, or community
- The mental and physical health of all individuals involved
- Any other relevant factors
For some people, child custody is the single most important aspect of their divorce. At our firm, we completely understand, and we will do everything within our ability to help you achieve your desired outcome.
Will I Get Spousal Support After My Divorce?
It is possible that you may be entitled to spousal support, or alimony, after your divorce in South Carolina. Whether or not you will receive alimony depends on the specific facts of your case.
South Carolina law recognizes six different types of alimony, including:
- Periodic alimony: Short-term monthly support provided from one spouse to another
- Lump-sum alimony: One spouse is required to make a single, lump-sum payment to the other
- Rehabilitative alimony: Provides support while one spouse can acquire the necessary skills to enter the workforce
- Reimbursement alimony: One spouse is allowed to recoup money spent on the other for things such as career or education
- Separate maintenance alimony: Temporary spousal support awarded during a separation
- Pendente lite alimony: Temporary spousal support awarded during the divorce process
If you believe you may be entitled to spousal support as part of your divorce, you may need an experienced South Carolina divorce lawyer to help you prove your case.
Do I Need a Lawyer for My Divorce in South Carolina?
Technically, you are not required to hire a lawyer to file for divorce in South Carolina. However, divorce involves complex legal issues such as property division, child custody, support, and alimony that can have long-lasting consequences.
A skilled divorce attorney ensures your rights are protected, deadlines are met, and your case is presented effectively in court. Having a lawyer by your side can reduce stress, prevent costly mistakes, and give you peace of mind knowing that an experienced professional is fighting for your best interests.
How to Get to Our Law Office in Rock Hill, South Carolina
Our building has a parking lot with complimentary parking for visitors. You can enter our parking lot from Ebenezer Rd or Murrah Dr. Please be aware that on-street parking is prohibited on Murrah Dr.
If you are traveling by public transportation, you can use My Ride Rock Hill’s bus route #1 to reach our office. This route, also called the Downtown Loop, stops on Ebenezer Rd at Camden Ave, about two blocks east of our office.
Schedule a Confidential Consultation With a South Carolina Divorce Lawyer Today
If you are contemplating a divorce in South Carolina, reach out to the experienced team at Minor Law Divorce Lawyers today. We can answer all your questions and advise you of your legal rights.
We understand that it is easy to feel overwhelmed during this time, but rest assured that you are in good hands. Schedule your confidential consultation with an experienced South Carolina divorce attorney and let us put our experience to work for you.
Find out more about our office location. We serve in all cities near Rock Hill, SC area, including:
- Charlotte, NC
- Clover, SC
- Fort Mill, SC
- Tega Cay, SC
- York, SC
