As family law attorneys, we understand that divorce and other family law matters are far from easy or quick, and that their effects can be felt throughout your life. Our family lawyers can help you develop an effective strategy to reduce the difficulties associated with the dissolution of your marriage. When you are in the process of dissolving a two-income marriage, formulating a co-parenting strategy, or splitting your assets and property, you may have questions about what’s fair and what’s not. At every stage of your case, we will be there to answer your questions.
Dedicated to the Needs of Families in Brevard
At King Law Offices, you and your family are our priority. Focusing our practice on family law and divorce cases, our team strives to show each client the respect, compassion, and understanding needed in such a difficult transition. We work with you to achieve your goals by designing a customized legal solution that meets your needs. Our family law expertise enables us to offer our clients counsel and representation in the following situations:
- Child custody
- Child support
- Collaborative law
- Domestic violence
- Grandparents’ rights
- Prenuptial agreements
- Equitable distribution/property distribution
- Termination of parental rights
In your first meeting with one of our Brevard family law attorneys, we will listen attentively to your needs and provide you with straightforward, unbiased advice. While we are working on your case, you can expect us to keep you posted and to be available to answer your questions at any time. We will continue to work with you following the outcome of your case. As your legal advocates, we will stand by you through the years. Our team can help you obtain any legal or emotional assistance you may need in the future.
Disputes and Agreements Concerning Child Custody
Managing the complex issues surrounding child custody and guardianship cases in Brevard can be challenging for most families, especially when co-parenting is involved. Assuring each parent is able to participate in the child’s life in a way that protects their interests is a complicated undertaking without the guidance and counsel of a family lawyer.
As part of the custody proceedings, judges will examine several facets of the development of children to assess how best to proceed. Among the items to be evaluated are the physical and mental health of the child, as well as their moral development and educational opportunities. The lawyers at King Law can assist spouses and parents in Brevard, North Carolina, in developing the most effective way to co-parent after a divorce or legal separation.
Brevard Family Attorneys & Divorce Lawyers Can Help You Make a Fresh Start
We value the relationships we have with our clients. Whether you need aggressive representation to enforce your rights or a tough advocate to fight for a fair settlement, we may be able to help. As a family law firm, we are known for providing outstanding client service and being readily accessible to all of our clients. Throughout the course of our representation, we communicate with our clients well, explaining things as clearly as possible so they may make informed decisions.
At King Law Offices, we help clients in Brevard and surrounding cities in North Carolina through divorce and other matters relating to their family as comfortably as possible. We invite you to contact King Law Offices by calling 888-748-KING or completing our contact form to schedule your consultation with one of our legal professionals today.
Frequently Asked Questions
Can Spousal Support Be Modified in South Carolina?
Yes, spousal support can be modified in South Carolina in certain circumstances. SC Code § 20-3-170 says that if the circumstances of the parties or the financial ability of the supporting spouse have changed then either party can petition the court to change the spousal support arrangement. Courts have also ruled that the change in circumstances has the be significant. Thus, the court will not modify spousal support for every minor change.
Retirement of a supporting spouse is also grounds to have a hearing on modifying spousal support; there are other factors the court will consider in conjunction with retirement of a supporting spouse.
It is important to consult with an attorney about possible modification of your spousal support payments.
What is the Process for Getting a Divorce?
South Carolina has both no-fault divorce and fault divorce. In order to obtain a no-fault divorce in South Carolina, a couple must be living separate and apart for a period of at least one year. This requires the couple to live in separate dwellings, living in the same house, even in separate bedrooms, does not qualify. This period of one year must be continuous, cohabiting with your spouse for just one night risks starting the one year clock over.
Obtaining a fault-based divorce in South Carolina requires proving one of the four: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness or narcotics use. Claiming fault-based grounds requires evidence as proof. An attorney can advise and weigh the strength of evidence a client provides. If the evidence does not meet the burden of proof clients can pursue no-fault divorce.
When determining how to proceed the petitioner/plaintiff will file a summons and complaint with the Family Court in their jurisdiction. This complaint will be served on the respondent/defendant who has 30 days to respond with an answer. During the subsequent proceedings, there can be a Temporary Hearing where a judge will issue a temporary order. This order will establish child custody, asset/debt distribution, spousal support, and other issues on a temporary basis. This order is not the Final Divorce Order but rather establishes how the parties will live and interact while the proceedings are ongoing. Parties may agree to a temporary arrangement if they wish.
Next, there may be a discovery process to gather evidence to prove your claims. This process may include asking/answering questions to the opposing party and producing certain documents. Many of these processes can be avoided if agreed to by both parties.
Finally, in no agreement is made by the parties in the interim, a final hearing/trial will be scheduled. At this final trial, the Family Court will hear each party’s case and receive evidence and testimony from each party. The court will then declare a final order. This final order will include child custody, asset/debt distribution, spousal support, ect. However, this order is final and not temporary.
This is a quick introduction to the process. This process is confusing and hiring an attorney is the best way to proceed if involved in a divorce.
How Long Does it Take to Get a Divorce?
If you are filing a fault-based divorce parties must wait a minimum of 90 days after filing the complaint to request a final hearing. However, this is best-case scenario, many situations can arise that require the final hearing to be scheduled many months after the initial complaint is filed. Long discovery processes, uncooperative opposing parties, court calendar conflicts can all play a role in how long a no-fault divorce takes. Even if the parties settle on all issues relating to the divorce they must wait a minimum 90 days to request a hearing. Then a judge must approve the settlement agreement. The length of a fault-based divorce proceeding is highly individualized, your attorney can give a more accurate estimate of timeline.
If you are filing a no-fault divorce parties must be living separate and apart for a full calendar year. In the interim, the parties can petition the court for “Separate Support and Maintenance” to resolve issues of child custody, asset/debt division, and spousal support on a either a temporary or permanent basis. After the parties have been living separate and apart for one year the parties the court may hold a final hearing. The same circumstances described above can prolong or shorten the time it takes for a Family Court judge to issue a final order.