DIVORCE OR LEGAL SEPARATION
South Carolina Divorce (or Legal Separation)
When considering legal separation or divorce, it’s best that you consult an experienced and qualified family law attorney to advise you of your options. You’ll need someone to review the specific facts of your case as soon as possible and help you make informed decisions as you work your way through the South Carolina family court system during a highly emotionally charged time in your life. You’ll need to know how best to proceed and whether you have grounds for divorce or must seek legal separation first. See more information about divorce and legal separation in the What You Should Know section below.
South Carolina Family Law Divorce Lawyer
The experienced divorce attorney at Victoria Law Firm can answer your divorce and legal separation questions, as well as guide you through the laws surrounding alimony and spousal support, child support, and child custody and visitation, equitable distribution of assets and more for Family Law clients in the state of South Carolina. If you are seeking legal separation or divorce, our family law divorce lawyer will help you understand South Carolina family law and your options.
Free Consultation About Legal Separation And Divorce in South Carolina
Clients in the Spartanburg, Greenville, and Anderson, South Carolina areas should take action and not wait another day when it comes to a free case evaluation from our qualified family law divorce attorney for your legal separation or divorce concerns. Call us today. We will discuss your divorce questions and we always work in strict confidentiality with our Family Law clients.
What You Should Know About South Carolina Laws Regarding Legal Separation And Divorce
Divorce and separation cases can be either contested or uncontested with contested cases usually taking longer to settle in court. There is a Residency Requirement in the state of South Carolina in regards to divorce or separation where before filing, at least one of the parties must have been a resident of South Carolina for more than one year, or both spouses must have resided in South Carolina for at least three months.
In South Carolina, a divorce may be obtained on “fault” or “no-fault” grounds. The no fault South Carolina statutes provide that a divorce can be granted upon a finding that the husband and wife have lived separate and apart for a period of one year.
If fault grounds are established, a party may be entitled to a divorce from the other party within three months from the date of filing for the divorce. If a party cannot prove any of the divorce grounds recognized by South Carolina, he/she may still seek a legal separation known as a Decree of Separate Maintenance whereas the parties are still married, but their relationship with each other is legally and specifically defined through the courts in terms of child custody and visitation, child support, asset/debt distribution, alimony and spousal support, etc.
A party must prove with sufficient evidence one of four fault grounds for divorce:
Physical cruelty or abused the other party
Desertion, for a period of one year
Habitual Drunkenness or on drugs
There is something called Burden of Proof, meaning the grounds for divorce must be proven unless the judge does not require corroborating evidence because he or she is convinced the parties have not conspired to fake the grounds for getting divorced (which is called collusion and is illegal). However, It is usually necessary to have some corroborating evidence in addition to the testimony of the suing spouse. There are numerous ways to prove grounds for getting divorced. Call us to discuss your needs.
CALL OUR OFFICE TO SCHEDULE YOUR DIVORCE OR LEGAL SEPARATION CONSULTATION TODAY.