Deciding to get a divorce is never easy. However, once you’ve made the decision, the first thing you should do is hire the South Carolina divorce lawyers at Briggs Law Firm. They focus on family law and can tell you about your rights and what options are available to you.
Grounds for Divorce in South Carolina
South Carolina allows you to divorce your spouse even if they don’t want one. There are a few grounds for divorce, and many of them blame you or your spouse. The grounds for divorce that are available to you in South Carolina are:
- Separation or desertion for a period of one year
- Physical abuse
- Drug or alcohol abuse
The first step in the divorce process is to file a Summons and Complaint. It’s always best to have a Greenville divorce lawyer like Sam Briggs who can prepare and submit these documents for you once you’ve decided to divorce.
Division of Assets and Debts in South Carolina
In a Greenville divorce case, the property you and your spouse obtained during your marriage will usually get split, as well as any debt you and your spouse incurred up until the date you file for a divorce.
In many cases, assets and debts are equally split, but in other cases, they aren’t. Additionally, any debt you or your spouse incurred before your marriage is not considered to be part of the marriage and will get assigned to the spouse who had the debt.
Different factors come into play when the division of marital property is determined. Your Greenville, South Carolina divorce lawyer will negotiate any alimony one spouse will pay to the other based on:
- How long you were married
- Misconduct by you or your spouse, especially if it led to the divorce or impacted you and your spouse’s financial circumstances.
- The value of the assets incurred during the marriage. This includes and the amount each spouse contributed to the accumulation, appreciation, depreciation, and conservation of those assets.
- Custody and visitation of any minor children.
South Carolina Child Custody and Visitation
If your divorce involves children, South Carolina courts will look at custody, visitation, and support. The decision of the court about whether you or your spouse will get custody is based on a few factors that include:
- Which parent has the ability and willingness to meet the needs of the child, including being involved in their child’s life?
- The wants and needs of both the child and the parents, including the relationship of the child with you and your spouse, and the religious and cultural background of each parent.
- You and your spouse’s behavior. This includes alcohol and drug use and abuse, abuse, and manipulation.
- The stability of the child’s current home, and how close each parents’ house is to one another.
While an extramarital affair may have led to the divorce, it is not a sufficient reason for that spouse not to be granted custody of your child. The South Carolina courts are going to do what they feel is in the best interest of the child, and you should focus on the well-being of your child and not try to mentally or emotionally hurt your former spouse.
The South Carolina courts can order a visitation schedule if you and your spouse are unable to reach an agreement on your own. If you or your former spouse intentionally violate a court order by the family court in Greenville, South Carolina, that spouse could be facing contempt of court charges.
South Carolina Child Support Laws
Like most other states, South Carolina has a formula they use to calculate the appropriate amount of child support that one spouse will pay to the other. This formula does take into account many factors that impact the final amount of South Carolina child support that will be ordered. This includes both your and your spouse’s incomes, the children from your marriage as well as any children from other relationships, and other necessities such as daycare costs.
South Carolina Alimony Laws
The courts in South Carolina take into account many different factors when determining alimony. It’s important to note, however, that if one spouse committed adultery, that spouse would not be eligible for alimony.
Both alimony and child support orders can be modified if necessary or if circumstances change for the better or worse, such as income.
Additionally, the courts in South Carolina can order different types of alimony. This depends on your situation. In some cases, permanent alimony may be ordered and would be paid over some time. It will end if either spouse dies or gets remarried.
Also available to Greenville, South Carolina courts are lump sum alimony which is paid either one or multiple payments. It can’t be modified.
Contact A Divorce Lawyer in Greenville, South Carolina Today
If you’ve decided to file for a divorce, you need a qualified, knowledgeable, and experienced divorce attorney to help you through this difficult time. The Greenville, South Carolina divorce attorneys at Briggs Law Firm will not only educate you but will offer you options. Sam Briggs will work hard and fight to get you everything you deserve.