SC Divorce Lawyer near Fort Mill SC, Lancaster SC, Chester SC, York SC, Gastonia NC, and Charlotte NC
At Minor Law Offices, a Family Law Firm serving both North Carolina and South Carolina, we understand that “Happily Ever After”, unfortunately, does not always exist. Divorce can be a confusing, emotionally draining, and scary process. Attorney Minor strives to provide you with answers to assist you with making an informed decision on how to approach your divorce.
Family Law Attorney in Fort Mill, South Carolina
Fault and No-Fault
Contested and Uncontested
Female Divorce Attorney Serving York County SC, Chester County SC, Lancaster County SC, Fairfield County SC, & Mecklenburg County NC
Dealing with Divorce and its surrounding issues is often an emotional and complicated legal process. It is imperative to have the assistance, support, and sound legal knowledge from a professional lawyer who is willing to go above and beyond to defend your legal rights. If you desire a Family Law Attorney that is willing to fight for your legal rights in Divorce with competence and understanding, contact Attorney Minor at 803-504-0971 to set up a confidential consultation. Alternatively, you can schedule a consultation directly by following the link below.
Frequently Asked Questions
When should I contact an Attorney about my Divorce?
We suggest that you contact an Attorney the moment you think about divorce, your Spouse is alluding toward divorce, or you’ve been served with a divorce complaint. Since Divorce can be complicated and can have an impact on finances, property, children, among other things, it is best to be proactive and discuss your rights and where you stand with an Attorney.
The most common ground for a Divorce in South Carolina and North Carolina is physical separation from your spouse for at least 1 year. Physical Separation means living in separate residences. Additional grounds for Divorce in South Carolina, also known as fault grounds, are as follows:
- Desertion for more than 1 year
- Habitual Drunkenness
- Physical Cruelty
North Carolina has one additional ground for divorce, Incurable Insanity.
How long will the Divorce process take?
It depends. The Divorce process can take several months or over a year depending upon the circumstances. Uncontested cases, meaning that all issues are resolve will not take as long as Contested cases, where there are issues.
Who gets the House?
A big issue in a lot of Divorce cases is determining either who gets to remain in the home, or will the house be sold and what happens to the proceeds. The answers depend on several factors such as financial means, children’s need, marital fault, and etc.
How are the assets divided?
South Carolina is an equitable distribution state, which means that all property acquired during the marriage including but not limited tobank accounts, real estate, vehicles, jewelry, retirement funds, and other property and even debts are considered marital property. Unless the parties amicably agree to a distribution of the marital property, the Court will take inventory of the marital estate and divide all property fairly and equitably.
What other issues may be involved with divorce?
Divorce issues are not limited to property issues it can also involve child custody and support issues.
Can I get Alimony?
Generally, this will depend on whether you are considered a dependent spouse, the length of the marriage, the lifestyle you enjoyed during marriage among other considerations and factors.
What if my spouse cheats on me or I suspect cheating?
Cheating also formerly referred to as Adultery may have an impact on alimony and in North Carolina, third-parties involved in cheating may be subject to civil liability for alienation of affection or criminal conversation.
What if both spouses are unwilling to leave the house?
Unfortunately, the divorce clock will not begin ticking until one party physically leaves the house. If this is the case, it is wise to speak with an Attorney to discuss your options.