Miley Cyrus and Liam Hemsworth had been legally married for less than a year before Hemsworth requested a no-fault divorce. A Tennessee judge recently granted that request.

Those close to the couple opine that busy schedules and extended time apart essentially doomed the relationship. “They have been trying to make it work for months now but haven’t felt they were connecting on the level they were feeling when they got married last year,” one source offered. Both Cyrus and Hemsworth have been linked with new romantic partners in recent months.

Since the formerly happy couple had a prenuptial agreement and no children, the divorce was rather straightforward.

Premarital Agreements

Generally, property classification and division is either the simplest or most time-consuming portion of a South Carolina marriage dissolution. The presence or absence of a premarital agreement often makes the difference.

If the couple did not have a prenup, the property division rules quickly break down. For example, one partner might use money from his paycheck (marital property) to pay his student loans (nonmarital debt).

A prenuptial agreement decides property classification and division matters in advance, so there is no dispute later. 

Most Greenville County judges uphold premarital agreements, as long as each party had legal counsel and the terms are not blatantly one-sided. However, no contract is ironclad. There are some ways to overturn an unfavorable prenup, including:

  • Involuntary: Sometimes, documents are involuntary if the person does not really know what s/he is signing. So, if one party withheld critical information, the resulting prenup might have been involuntary.
  • Unconscionable When Made: As mentioned, a prenup cannot be unabashedly one-sided. But the value at the time is all that matters. Stock certificates could be almost worthless one day and incredibly valuable a few years later.

Prenuptial agreements can also decide inheritance and succession matters, along with some other issues.

Parenting Time Factors

Like most states, South Carolina has a co-parenting law. Terms like conservatorship and possession are no longer in use. Instead, the law presumes that children benefit from meaningful and consistent contact with both parents.

Nevertheless, there is still a residential and nonresidential parent. The residential parent makes most of the important decisions, such as where the children will live. Some factors in this determination include:

  • Abilities of each parent,
  • Desirability of maintaining the status quo,
  • Preferences of the children,
  • Any history of family violence, and
  • Agreements between the parties.

That last bullet might be the most important one. Once again, most judges approve most parenting time division settlements, provided they are in the best interests of the children.

Almost all divorces involve emotional and financial issues. For a confidential consultation with an experienced family law attorney in Greenville, contact the Briggs Law Firm. After-hours visits are available.

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