Going through a divorce is one of the most difficult experiences a person can endure in York County, SC, even in the best of circumstances. But when important issues are in contention, things can become even more stressful. Fortunately, hiring an experienced family lawyer with Minor Law Divorce Lawyers can mean a world of difference for your future.
We’re a premier York County family law firm that you can count on. Our York County divorce lawyer has nearly a decade of experience and is highly passionate about helping families in the area. We’ll work hard to ease your burdens and ensure that your interests are well-represented throughout every stage of your case.
How Minor Law Divorce Lawyers Can Help You Navigate Your Divorce in York County, SC
The way your divorce unfolds can impact almost every aspect of your life; there’s a lot at stake. When matters are this important, you’ll want an effective legal advocate on your side to help you achieve your goals.
Look no further than Minor Law Divorce Lawyers. We don’t just get our clients the results they need and deserve to move forward; we offer comprehensive, compassionate legal representation that cuts no corners. Our award-winning York County divorce attorney can help by:
- Handling all of the communications, paperwork, and procedures related to your case
- Keeping you informed on your legal options and your case’s status at all times
- Helping you to understand South Carolina law and how it applies to your circumstances
- Formulating a plan of action only after we have a complete understanding of what your goals and wishes are
- Standing up for your rights during all family court proceedings, including trial if necessary
You don’t have to go through this trying time alone. Contact our law office in York County, South Carolina, today to begin forming an attorney-client relationship or for further information about how we can help.
How Long Does It Take To Get a Divorce in the State of South Carolina?
There’s a lot to consider regarding how long your divorce will take in York County, South Carolina. Many factors can influence the timeline, and no two cases are exactly alike.
As with most states, South Carolina allows couples to divorce on either “fault” or “no-fault” grounds. Fault grounds include desertion (of at least a year), adultery, physical abuse, or habitual substance abuse. No-fault grounds are available for couples who wish to divorce because they are no longer compatible or because their marriage is irretrievably broken.
South Carolina law is unique regarding its stance on no-fault divorces. To get a no-fault divorce in the state, spouses must live “separate and apart” for at least a year (living in separate rooms in the same house does not count) without any sexual relations. Only then will a family court grant a no-fault divorce.
Divorces based on fault grounds can take time to resolve, as the spouse asserting one of the conditions mentioned above must support their contentions with evidence – and the other spouse will likely contest the assertions. South Carolina also has a three-month waiting period before a court will issue a final decree for fault-based divorces.
Another factor that could influence the process is the issues that must be evaluated. If a divorce entails resolving property division, child support, alimony, child custody, or other important matters, it could elongate the proceedings.
During your initial consultation with our experienced York County divorce lawyer, we can offer more personalized insight into the timeline of your case.
How Is Property Divided After a Divorce in South Carolina?
South Carolina, as with most jurisdictions, divides property based on the principle of “equitable division,” also referred to as “equitable apportionment.” Note that “equitable” does not mean the same thing as “equal.” Rather, it essentially means “fair.”
In a South Carolina divorce, only marital property is divided. Just about any property earned or acquired during the marriage will be considered marital property. If a property was used to benefit the marriage in any way or is shared between spouses, that will also likely constitute marital property under state law. Nonmarital property is property acquired after a spouse files for divorce or that belonged to only one spouse prior to marriage.
First, the family court will designate any available property as marital or nonmarital. From there, any marital property must be evaluated based on evidence provided by the parties. Once the property is evaluated, it will be divided based on factors such as:
- Each spouse’s contributions to the property, whether monetary or non-monetary
- The length of the marriage
- Each spouse’s age and health status
- Whether either spouse’s fault has impacted the property
- The existence of tax consequences, retirement benefits, and debts or liens
Other factors may be contemplated as well, depending on the case.
What’s the Difference Between Divorce and Separation?
A divorce legally dissolves a marriage, while a separation is more informal. A separation does not constitute an end to a marriage. As noted above, for no-fault divorce in South Carolina, spouses must separate for at least a year before a court will grant a decree.
Many states offer “legal separations,” which allow certain issues like child support and alimony to be evaluated prior to a full-fledged divorce. However, South Carolina does not offer legal separations. Nonetheless, separated spouses may be able to submit maintenance orders to have these issues resolved temporarily.
It’s helpful to get legal advice as soon as you can if you are considering a divorce in York County. An attorney can review your circumstances and help you determine whether filing for maintenance orders while you are separated from your spouse is in your best interest. A lawyer can also ensure you are in alignment with South Carolina law regarding your separation status.
How Can I Get Custody of My Children During a York County Divorce?
Child custody is often one of the most complicated issues to be evaluated in a York County divorce. Under state law, child custody actions may be filed separately or as part of a divorce action.
There are two primary types of custody in South Carolina, joint and sole. Joint custody is when each parent has a role in making decisions for the child, while sole custody gives those rights to only one parent.
Parents in South Carolina may submit parenting plans during child custody proceedings, which can set rules for how things will look post-divorce. For instance, one parent may be designated as the primary caregiver for the child, while the other parent will be given visitation rights.
When family courts in the state decide child custody matters, the primary factor is “the best interests of the child.” This could mean many things, such as:
- Each parent’s character and fitness as it relates to the child
- The child’s preferences
- Whether there is any domestic violence involved in the situation
- Every aspect of the child’s life, including emotional, recreational, physical, and educational circumstances
We understand that getting custody of your children may be what you care about most during your divorce proceedings. We’re here to help you to that end to the very best of our ability.
Am I Entitled to Alimony After a York County Divorce?
Possibly. Along with child custody and child support, alimony (or spousal support) is often a key issue during a York County, SC, divorce. Judges make alimony decisions based on the facts and circumstances of the case. State law describes six different types of alimony, which are:
- Pendente lite alimony, which is temporary alimony awarded during the divorce process itself
- Lump sum alimony, which is when the court mandates one spouse make a single payment to the other spouse
- Periodic alimony, which is short-term, monthly support provided from one spouse to another
- Reimbursement alimony, which allows one spouse to recoup money spent on the other spouse for things like career or education
- Rehabilitative alimony, which offers support to one spouse while they acquire the skills necessary to re-enter the workforce
- Separate maintenance alimony, which is temporary alimony awarded while spouses are separated
Rehabilitative alimony is the most common form of spousal support offered in South Carolina divorces, but the other types might be available as well in your case. Having a skilled York County divorce attorney in your corner can benefit you greatly, as your lawyer can present your strongest arguments for why you should receive alimony.
Schedule a Consultation With an Experienced York County Divorce Lawyer
You might be feeling overwhelmed and worried about what’s to come if you are considering a divorce in York County, SC. If you hire Minor Law Divorce Lawyers to represent you through the process, you can rest assured that you’ll be in good hands. Our trusted York County divorce lawyer makes her clients her top priority and will do the same for you.
Contact us today to schedule an initial consultation. We look forward to meeting with you.
Additional Divorce Resources
- SC Judicial Branch – Visit the official website of SC Judicial Branch
- South Carolina Superior Court Clerk’s Office – Court record storage and retrieval, information, and financial management for the judicial system and county government.
- South Carolina Family and Social Services – Read more about family and social services in South Carolina
York County, SC Therapists
- Connections Family Therapy – 128 N Congress St Suite E, York, SC 29745, United States
- Palmetto Counseling & Consulting Services, LLC – 1721 Ebenezer Rd Suite #225, Rock Hill, SC 29732, United States
- Carolina Counseling Center – 1721 Ebenezer Rd # 215, Rock Hill, SC 29732, United States
- Integrative Counseling Services, LLC – 150 Oakland Ave Suite 200, Rock Hill, SC 29730, United States
*Disclaimer – we do not endorse these companies or profit from having them listed on our website.