If you’ve decided to file for divorce in Charleston, we know that your decision hasn’t come easy. It is important to get proper counsel, so that you can take your next steps with confidence. Lauren Taylor, an experienced divorce attorney serving Charleston residents, offers counsel for anyone going through a divorce.
Your initial consultation is free. We can discuss your options, and set expectations for what’s next. Contact us today to schedule your consultation.
If you’re about to file for divorce, you need to know what to expect and what you have a right to request. You probably have a lot of questions, and an attorney can answer them for you. Call Charleston divorce lawyer Lauren Taylor today at 843-790-9009 .
Charleston Divorce Law – What Constitutes Grounds for a Divorce in South Carolina?
In South Carolina, you can get a divorce from your spouse even if your spouse doesn’t consent. There are just a handful of grounds for divorce, most of which lay blame on one of the spouses. A Charleston divorce lawyer will inform you that the grounds for divorce are as follows:
- One year separation or desertion
- Physical cruelty
- Alcohol or drug use or abuse
To initiate the divorce process, one of the spouses will file a legal document called a Summons and Complaint; usually, it’s best to have a family law attorney prepare this document, so you may need to hire an attorney as soon as you decide to file for divorce. By choosing an experienced Charleston divorce lawyer like Lauren Taylor at Lauren Taylor Law you will get her experience on your side.
Charleston Divorce Lawyer – Dividing Debts and Assets
In a Charleston divorce, the property you and your spouse accumulated during the marriage will be split, as will all of the debt that you incurred, up until the day one of you filed for divorce. Although it may be that you share your debts and assets equally, it doesn’t always turn out that way. Inherited debts or assets before marriage are not part of the marriage. Besides this, many factors come into play when determining the division of marital property. Furthermore, Charleston family law attorneys will negotiate the amount of alimony one spouse will pay to the other based on the following:
- Duration of the marriage
- Marital misconduct, especially if it led to the breakup or impacted the couple’s financial circumstances in any way
- Value of marital assets, including the amount each spouse contributed to the accumulation, conservation, appreciation, and depreciation of it
- Child custody and visitation
The court will consider many elements of both spouses lives in a divorce; the above is by no means exhaustive, and you should talk to an attorney to find out more about all of the specific details that may impact your divorce.
Charleston Family Law Attorney – Child Custody and Visitation
When a divorce involves a child, the court will consider child custody, visitation, and support. A courts decision for which parent gets child custody is base on several factors including:
- The parent’s ability and willingness to meet the child’s needs including involvement in their child’s life
- The child’s and parents’ needs and wants (including the child’s relationship with each parent and the cultural and spiritual backgrounds)
- Parents’ behaviors, including alcohol and drug use and abuse, manipulation, compliance with court orders, speaking badly about the other parent in front of the child, and any history of abuse or neglect
- Stability of child’s current residence, and each parents’ residences proximity to each other
Although an extramarital affair may have contributed to the breakup of the marriage, that in and of itself is not sufficient reason for that spouse not to have child custody. Remember that the court is trying to do what’s in the child’s best interest, and parents should focus on their child’s overall well-being rather than trying to mentally and emotionally injure their former spouse.
A court can also order a visitation schedule if the parents are unable to come to an agreement on their own. Any parent that violates a family court order intentionally faces contempt of court.
Child Support Laws in South Carolina
South Carolina, like many other states, use a formula to determine a suggested amount of child support one parent should pay the other. The formula takes into consideration multiple elements that play into the final amount of ordered support, including the parents’ incomes, the children from the marriage as well as children from other relationships, and other needs, such as daycare costs.
Alimony Laws in South Carolina
As previously stated, the court determines an order for alimony based on several factors. They’re similar to those considered when dividing debts and assets upon commencement of a divorce. Please note that the spouse who committed adultery is not eligible to receive alimony. A child support order and an order for alimony can both be modified. A change of order should be filed when a spouse’s financial circumstances change – for better or for worse. In South Carolina, courts may order different kinds of alimony. This is depending on your particular situation. Sometimes the option for permanent alimony is selected to be paid over a period of time. It will end if either the spouse dies or remarries. There is also a lump sum alimony, which can be paid in one or multiple payments. It cannot be modified. Two forms of alimony include rehabilitative alimony and reimbursement alimony.
Call a Charleston Family Law Attorney Today!
If you’ve resolved to file for divorce, you need an experienced attorney who will educate you on your rights. A qualified Charleston divorce lawyer will now only educate you, but will also offer options. Lauren Taylor Law in Charleston will fight to get you everything you deserve. We serve all people living in:
- Daniel Island
- Folly Beach
- John’s Island
- Goose Creek
- Mount Pleasant
- North Charleston
- West Ashley
Don’t travel this challenging path on your own. You should have someone by your side to support you. Furthermore, they should help you make informed decisions for you and your family’s future. Call Charleston divorce lawyer Lauren Taylor in at 843-790-9009 today!