When you get married, the last thing you’re thinking about is a future divorce. One of the most devastating things in your life can be the dissolution of your marriage. Lauren Taylor is an attorney in Folly Beach, SC divorce law. She understands how difficult this process is, and how important it is to have an ally in your corner.
You need a Charleston, SC Divorce lawyer that understands all the ins and outs of divorce law, so you can get the best settlement. A divorce represents new beginnings, and a proper settlement ensures a fresh start. You need someone that is experienced so that you can recover and get on with your life. Your Folly Beach divorce lawyer should be more than your legal representation, they should also be your friend. If you find yourself facing a divorce, contact us today to discuss your options.
What are the biggest issues in handling a divorce?
One of the biggest questions we face from our clients is determining potential roadblocks in their cases. What are the areas of the divorce settlement that will be the hardest to mediate? Most divorce cases do not see the court, they are handled through the mediation of the couple’s legal counsel. Some of the biggest issues we face in a divorce are:
These are just some of the many issues that we face with most of our divorce cases. Even if you know every penny of your spouse’s income and the valuation of all your assets, a divorce can still be a lengthy process. We strive to handle your case in an efficient manner.
Most people are getting divorced to get out of a toxic situation, and we want to help you put the past behind you. We encourage you to gather as much information as you can about your spouse, debts, and assets. Upon your first meeting with a Folly Beach, SC divorce attorney, you should give them this information. Your new life is on the line, and you can’t afford to make any mistakes. Hiring experienced counsel will ensure that you are on your way to getting a good settlement for your new life.
How do I start my divorce case?
First, we recommend that you hire a Charleston, SC Divorce lawyer that specializes in divorce law. You can search for lawyers in your area and call to set up appointments. Some lawyers charge for initial appointments, so you should ask about fees before you schedule your consultation. Also, make sure that you take notes in each of your meetings.
Your Charleston, SC Divorce lawyer will ask you about the details of your case, but you should also be interviewing them. Most of these meetings will run together and taking notes will help you remember each lawyer. You can also tell a lot about a potential lawyer on their website. These sites should be informational about divorce law and they should also give background information on each lawyer.
After you have hired your Folly Beach, SC Divorce attorney, it will be up to them to file for divorce. This starts the entire process, and the case should be settled within a year. In South Carolina, you need to be separated a year before you can even file for a no-fault divorce.
This law ensures that you and your spouse are not interested in any reconciliation. Once you have reached a year and filed your Folly Beach, SC Divorce attorney will ask what you want in your divorce settlement. You should go into their office prepared to ask for everything that you want. Never start with your bottom line because you won’t have any room for negotiations. You might feel like you’re trying to be nice to your spouse, but you’ll be sabotaging your own divorce settlement.
Finally, let your Charleston, SC Divorce lawyer do their job. It’s not up to you to contact your spouse on your own. We also discourage you from talking to your family and friends about the settlement.
Only your Charleston, SC Divorce lawyer is legally bound to keep your statements confidential. You don’t know which side your friends and family are on, so you can’t afford for them to take information back to your spouse. Make sure to keep information about your marriage and divorce between you and your lawyer.
How do I decide on my first offer?
Most divorce cases will never go to court, which can be a blessing and a curse. If you don’t go to court, you need to decide what a good offer is on your settlement. We suggest that your first offer be the best offer you’d see in court. Some of our clients want to get the process over with, so they enter the negotiation process with low offers.
You need wiggle room in your offer so that you can get the things you really want. You should have a bottom line with your Folly Beach, SC Divorce attorney, and then they can help you build your offer. Never accept the first offer that you receive from your spouse. Rely on the experience of your Charleston divorce attorney to help you through the process. Remember, your Charleston divorce attorney has handled several cases and can look at yours objectively. Remember, you need to handle everything logically and not emotionally.
What should I do during my yearlong separation for a no-fault divorce?
Many people want to move on with their lives before they’re even divorced. This can be a costly mistake. In the state of South Carolina, you can be found guilty of adultery if you date before your divorce is finalized. If found guilty, you will no longer have any right to alimony. So, while you are separated from your spouse, we encourage you to work on rebuilding your life.
Take a break from dating and focus on getting in touch with yourself. If you have children, this is the perfect time to get them readjusted. Generally, families have to move after a divorce, which could mean new schools and routines for children. Take this year to ensure that your children get a healthy start to their new life. Divorces are something that can cause great emotional and physical turmoil, so this year can be vital in refocusing your life in a positive way.
What are the different types of divorces in South Carolina?
There are technically two types of divorces in the state of South Carolina: no-fault or fault divorce. With no-fault divorce, you’re stating that neither party is responsible for ending the marriage. The only requirement for a no-fault divorce is that you and your spouse must have lived in different residences for a year. However, with a fault divorce, there are four criteria that you can file under:
- Adultery- your spouse is cheating with someone of the same or opposite sex.
- Physical abuse- mental or emotional abuse may not be enough to get a divorce.
- Substance abuse- either alcohol, drugs, or both.
- Desertion- spouse is gone more than a year from your home.
Each of those reasons can greatly impact your settlement in a divorce. In fact, if you are guilty of adultery you can receive a substantially smaller settlement and are not eligible for alimony. Fault divorces can take longer than an agreed upon no-fault divorce and might require going to trial. You have to prove your spouse was at-fault with evidence, which is generally in front of a judge.
How long does a divorce take?
Depending on the divorce that you choose, you’re determining how long it can take. With no-fault divorce, you and your spouse can have a finalized divorce within 90 days. However, you and your spouse must agree on everything. If you can’t agree on a settlement through mediation, you will have to go to court.
Once the court is involved, the entire process can take up to a year or longer. Technically, you are supposed to resolve your divorce within a year of filing, but there are ways to extend and get continuances of your case in court. So, your best option is to settle with your spouse out of court, as quickly as possible. An experienced divorce lawyer can streamline this process.
When is child custody and support decided?
One of the most important parts of your divorce is deciding the custody of your children. Times have changed, and mothers aren’t automatically seen as primary guardians. The court will want to place your children with the healthiest environment, which could be either parent.
If you can’t decide on custody on your own, you will have to go into court. The amount of support is determined by formulas based on the salary of you and your spouse. This is one of the biggest issues in any divorce and is one of the main reasons that you need an experienced Folly Beach, SC Divorce attorney.
Going through a divorce is not something that you should do on your own. You need to start planning as soon as you begin your separation and consult with an experienced Charleston divorce attorney. Contact us today to begin building your case. We want to get you the divorce settlement that you deserve, so you can begin the next chapter of your life. We’re here for you and ready to help. Call 843-427-0444