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    ** No information that you obtain from this website is legal advice, nor is it intended to be. You should consult an attorney for individualized advice regarding your own unique situation. Please do not send any confidential information in your message as the information you provide may not be deemed confidential. Use of this website and your request for a consultation does not create an attorney-client relationship with Lauren Taylor Law, or any of our attorneys.

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    Divorce Attorney in Greenville SC

    Greenville Divorce & Separation Counsel

    Are You Considering Filing for Divorce?

    To begin the divorce process in South Carolina, one spouse must file a complaint for divorce in the county where your spouse lives, or where you live if your spouse does not reside in South Carolina. If you both still live in the state, you may also file where you last lived together.


    SC residency requirements apply: you or your spouse must have been a resident of South Carolina for at least one year. If both of you live in South Carolina, you must both have lived here for at least three months.

    In South Carolina, you can file for divorce based on five grounds.  They include either a single no-fault ground that only applies if you and your spouse have been living separate and apart for one year, or four fault grounds:

    • Physical cruelty
    • Desertion for more than one year
    • Adultery
    • Habitual drunkenness or habitual use of drugs


    Division of Property Assistance

    You will be asked upon your initial consultation to fill out a client information packet. This packet contains instructions for completing your personal property list as well as financial declaration. It requires substantial detail, so be prepared. But know that all this hard work upfront will help to streamline a process that can often be turbulent.

    In South Carolina, the court divides marital property—the assets and debts you jointly acquired and owned during your marriage—equitably when you divorce. Equitable distribution means fair, not necessarily equal, distribution. There are many factors that go into determining equitable distribution such as length of marriage, fault, and number of minor children produced during the marriage,

    Some property, however, is considered separate and not marital property, including property acquired prior to the marriage, through a gift or inheritance.


    Judges typically consider several factors when equitably dividing marital property such as:

    • How long you were married
    • Value of marital property
    • both spouses’ age at the time of the marriage and at the time of divorce
    • Any marital misconduct
    • Each spouse’s physical and emotional health
    • Each spouse’s income and earning potential
    • Alimony
    • Any vested retirement benefits
    • Non-marital property
    • Awarding the family home to the spouse with physical custody of any minor children
    • Tax consequences
    • Any support obligations that may exist from a prior marriage
    • Liens or other encumbrances upon marital property
    • Child custody arrangements and obligations.

    Legal Separation in South Carolina

    If you and/or your spouse seek legal separation, similar rules to divorce apply. However, the grounds are not as strict and the judges do not require as much proof. Although you remain married, the following become legally defined:


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    Sometimes in life you end up in situations that you never imagined and for me that was going through a divorce. Lauren and her team were prepared every step of the process and made sure all of my options were explained and understood. I can’t thank them enough for helping get my case settled before trial. A great team to work with and have on your side at a time of need.
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