Divorce is a trying time for anyone that is involved. If you and your spouse are considering a divorce, it’s time to take action. You need to protect yourself and your interests by hiring an experienced Johns Island divorce attorney. Divorce isn’t a word that you think about on your wedding day. In fact, most couples facing divorce are completely blindsided. However, not every marriage ends because of major turmoil.
Some marriages just don’t work out, and these can be even harder to mediate. Lauren Taylor is an experienced in Johns Island, SC divorce law. She has many years of experience successfully handling divorce cases. You need a Charleston, SC Divorce attorney that is well versed in divorce law, so they can help you get the settlement that you deserve. The next stage of your life depends on a proper settlement. Don’t hesitate, contact us today to discuss the details of your divorce.
How do I know whether to file for divorce?
This is a question you’ve probably been battling: should you stay, or should you go? You have many people in your life that can give you advice, but you really need to answer this on your own. If you are having doubts about filing, you’re not ready. We recommend trying a trial separation, to ensure that you actually want to get a divorce.
Remember, when you’re talking to friends and family everyone has their own timeline. What feels right for one person, might not feel right for you. A trial separation shows you what your life would be like without your spouse. Besides, you need to live apart from your spouse for a year to file for a no-fault divorce.
Protect the safety of yourself and your kids.
If you’re considering a divorce because your partner is unsafe, there’s no time to waste. You can’t jeopardize the safety of your children by remaining in a marriage with an alcoholic, addict, or physical abuser. For example, your spouse getting a DUI while driving your children around is a major problem.
Plus, this DUI is grounds for a fault divorce. You have evidence that your spouse put your children in harm’s way, and they have a substance abuse problem. Also, if you’re having any issues with domestic violence, you need to get to your house as soon as possible. These instances can streamline the process of your divorce. You need to protect the interests and health of you and your children.
Changes with your financial situation are a good time to file.
If you have been questioning filing for divorce, certain financial changes can push you toward taking the next steps. For example, if you have joint accounts and your spouse closes them, this could be a sign for divorce. Also, if your spouse opens accounts solely in their name, it would be time to file.
Just like if your spouse sells a large amount of stock without telling you. Typically, if you’re questioning divorce, then your spouse is too. So, any changes in your joint finances is a sign that something is going on beneath the surface. You need to remember that your spouse could also file for divorce at any time.
Avoid financial traps during your divorce.
You know that your divorce is going to be emotionally difficult, but most people don’t understand the financial difficulty. Even if you are prepared for your divorce, you still have a rough road ahead of you. There are several financial traps you need to watch out for:
- Thinking a mediator has your best interest at heart: A mediator is concerned with getting a settlement to finalize and not necessarily the best settlement. A good mediator will try to get you and your spouse to agree to a fair settlement. However, your mediator can’t guarantee that the settlement is actually fair. A Charleston, SC divorce attorney is responsible for getting you a fair settlement, and they do look out for your best interest. Do not confuse a mediator with an experienced Johns Island divorce attorney.
- Hiring an expensive lawyer: Just because you spend more money on something doesn’t make it better. However, you also need to remember that if something seems like too good of a deal it probably is. Make sure that you thoroughly interview your lawyers before you pick one based solely on their price. You should be able to trust them and talk to them. Then, you need to make sure that they fit within your budget.
- Holding onto the property you can’t afford: We understand that it can be hard giving up things that you have acquired throughout your marriage. The family home is something that is especially hard to get rid of. However, your financial situation will change after the divorce. In many cases, one spouse can’t afford the property on their own. This is the same issue that we see with expensive car notes. You will need to put yourself in a good financial position after the divorce, and this could mean selling your house or other expensive property.
- Keeping joint loans and credit cards: You should close any joint accounts that you have with your spouse. We have seen so many cases where one spouse decides to go on a spending spree, or they will empty an account. Make sure that you get balances on all your joint accounts as soon as you file, and this will help you keep track of any major spending.
- Maintaining your married lifestyle: As we’ve mentioned, your life will be different after the divorce. You can’t expect to live the same as you lived with two incomes. If you’re concerned about managing a budget, you should speak with a financial planner.
- Vague divorce settlements: The minute a judge signs off on your settlement you have to follow the conditions. If anything is left out, or vague, you have to go back to court to fix it. Like, if you have left out details of your child’s visitation schedule, you’ll need to go back to divorce court to get it revised. Hiring a Charleston divorce attorney ensures that you will not have to worry about a vague settlement. It is your lawyer’s job to negotiate for you and to get you a clear settlement.
These are some of the many things that you need to consider while you are getting your divorce settlement. Your divorce lawyer can help you through this process, to ensure that you avoid these financial issues in your settlement.
Handling child custody during my divorce
Your divorce can be split into two major areas: division of assets and custody of children. These are the two things that everyone thinks about during their settlement. Your children deserve to have the best life possible. South Carolina wants your children to live in an environment that is best for them.
So, if you do end up going to court, the judge can decide what is in the best interest of the children. Child custody has come a long way over the years, and women aren’t automatically picked as primary guardians. In fact, there are many couples that decide to have joint custody of their children. Having a divorce lawyer can help you get the custody agreement that you want. Going forward without a lawyer can lead you into a complicated process where you end up in court facing a judge’s decision.
These are things that you need to consider if you’re thinking about handling your divorce case on your own. Are you willing to risk losing custody of your children? Hiring an experienced Johns Island divorce attorney can minimize the risk of this happening.
What does a judge look for in a child custody case?
If your case goes to court, the judge will take many factors into consideration. You and your spouse will provide evidence of your households, but it is ultimately up to the judge to make the decision. A judge will look at:
- The child’s needs.
- Who wants to have custody of the child?
- Who the child wants to live with?
- Who the child is close with?
- How the child interacts with other members of the family.
- The mental and physical health of the parents and child.
- The households of each of the parents.
- If there is any evidence of abuse.
- Who has been the primary caregiver in the majority of the child’s life?
These are some of the many things that the judge will consider while deciding on custody. In fact, a judge might remove your children from the home while they are making this decision. Custody can be complicated, but an experienced Charleston divorce attorney can assist you throughout the process. Your judge will want to be sure that you can set your child’s interests before your own.
There are so many intricate parts to a divorce that you need help from a professional. You need someone that is in your corner, watching out for the best interests of you and your children. Lauren Taylor Law understands how frustrating and tiresome a divorce can be. You don’t have to go through the process alone. Contact us today, even if you are only in the early stages of separation. It is never too early to talk to someone about your divorce.