Spouses preparing for divorce have a number of logistical as well as personal matters to consider. While the specifics will vary from case to case, however, in most instances divorce planning will involve some element of financial preparation – usually aimed at establishing independent accounts to facilitate the disentanglement of shared budgets – in combination with putting steps in place to set up separate households, either in two entirely new residences or by finding one partner a new place to live while the other remains in the formerly shared home. For couples who have children together, coming up with a workable shared custody arrangement is often another significant priority. Any divorce planning will need to take into consideration state laws and the requirements they impose, so it may be a good idea to speak with a family law attorney in your jurisdiction early in the divorce planning process. Call (888) 748.KING today to schedule a consultation with an experienced divorce attorney at one of the King Law Offices locations located throughout South Carolina and get answers to your most pressing divorce planning questions.
What Is Divorce Planning?
“Divorce planning” is always going to consist of some sort of framework for determining steps to take in the event (or the expectation) of getting a divorce. What this framework looks like can be influenced by a few factors, including:
- Whether the divorce planning is a collaborative “joint venture” between the spouses
- If the divorce planning is not a joint venture, whether both spouses are aware that a divorce is imminent before the divorce petition has actually been filed with a South Carolina court
- Whether the couple has children together
- The type and complexity of shared assets (and liabilities) that will need to be accounted for in the division of marital property
These are not the only factors that can shape preparations for divorce in South Carolina, but they are among the most consistently applicable. In many cases, thinking carefully about the above elements can give a couple or an individual contemplating divorce in South Carolina a good idea of where their priorities will lie, at least during the early stages of the divorce process. An experienced divorce attorney with King Law Offices may be able to help you tailor the list to your unique situation.
Preparing for Divorce: Separately vs. Together
Certain features of South Carolina’s Code of Domestic Relations can make divorce planning here different from the way couples go about their preparations for divorce in some other states. Of particular importance is South Carolina’s requirement of “grounds,” under § 20-3-10, which limits “no-fault” divorce to couples who have been living separately for at least a year. This requirement means that any “surprise” divorce filing is virtually guaranteed to come with an allegation of fault; on the other hand, it also means that couples who are determined to pursue a “no-fault” divorce can in most cases reasonably expect to have a year in which to make their preparations (individually or together), set up their separate households, and come to terms on key issues such as alimony and the division of marital property, before they take their case to a South Carolina court.
Advantages of Planning Divorce Collaboratively
Not every parting of the ways is rancorous. Sometimes the decision to split is not only mutual but friendly – or at least cordial. Even when there are negative feelings between the spouses, under the right circumstances there may still be a number of advantages to planning a divorce cooperatively, either through patient and productive conversations held independently or with the guidance and support of experienced professionals, such as divorce mediators or family law attorneys with experience in the collaborative divorce process. Working together can make it much easier to find practical solutions to such common issues as the division of a couple’s assets, responsibility for their formerly shared debts, and even mundane-but-necessary considerations like finding a good time for one or both spouses to pick up their clothes, toiletries, and other personal items from the family home.
Navigating South Carolina’s Grounds for Divorce
At the same time, many couples find it difficult to maintain a cooperative attitude as they seek to find common ground in parting from someone with whom they once expected to spend a lifetime. Every couple and situation will be unique, but the wait vs. fault requirements for a South Carolina divorce can sometimes exacerbate divorcing partners’ tendency to find themselves at odds with each other. The limitation on no-fault divorces in the state means that spouses in South Carolina who have determined that it no longer makes sense for them to be married must either commit to spending a year in the “limbo” of separation before moving forward or come to a decision about which spouse will allege the other’s fault in order to prove one of the state’s few legally-recognized “grounds” for granting a divorce. Importantly, as well, the “grounds” will need to be provable in court – which means that one spouse is likely to have to present evidence against the other. Even a spouse who is well aware of the requirements for divorce under South Carolina’s laws and who agrees with the basic premise of dissolving their marriage may find it difficult to maintain emotional equilibrium while watching a soon-to-be-former partner alleging adultery, desertion, physical cruelty, or drunkenness, and then providing evidence to a South Carolina Family Court to prove that a divorce is warranted on the grounds they have cited.
Contraindications to Collaborative Divorce Planning
There are also a few situations in which it may be wisest to do some or all of your divorce planning prior to letting your spouse know what you have in mind. If there are safety concerns – for instance, if there is reason to expect that your current partner might respond abusively, or even violently, to the suggestion of divorce, then you may wish to consider speaking with an attorney on your own, privately and confidentially, before mentioning the idea of a divorce to your spouse. Similarly, if you are not concerned about the possibility of violent or abusive behaviors, but know or suspect that your partner has a history of being less than forthcoming, particularly about financial matters, then you may wish to consider talking with an attorney in your area who can give you advice tailored to your situation before you “let slip” to your spouse any mention of your private preparations. King Law Offices maintains locations throughout South Carolina, and we take our clients’ privacy and safety very seriously – not least because our family law attorneys are acutely conscious that these concerns can frequently go hand-in-hand.
Divorce Planning Steps for (Almost) Every Situation
The steps most essential to a specific divorce will depend on the personalities and priorities of the individual partners and their specific circumstances. In general, however, the following divorce planning steps are likely to apply in one form or another to most situations and may serve to lay the groundwork for building more detailed, customized solutions – perhaps with the support of a South Carolina divorce attorney.
Create Separate Financial Accounts
These accounts do not necessarily need to contain large sums of money; the idea is not to “store up” resources you are used to sharing with your spouse, but rather to put in place the structures you will need for a smooth transition to independent banking and other financial activities. Setting up your own accounts may be especially important if you suspect your spouse may try to conceal assets during the divorce proceedings, but it is important to note that you should not use this suspicion as a reason to try to “siphon” funds from shared accounts into private ones yourself, as a South Carolina Family Court will likely frown on this behavior. Divorcing spouses who work outside the home and receive their paychecks via direct deposit systems may wish to make it a particular priority to ensure that the direct deposit system is updated to reflect the new, independent account early in the stages of divorce preparation – prior to filing, if possible.
Find a “Safe” Space
Identify somewhere you can go for a few days if you have not already moved out of the family home – even if you plan on keeping the house you previously shared with your partner. If you have children, do the same for them – this may or may not be the same location.
“Safe” in this context does not necessarily mean safe from physical violence, and may not even mean “safe” from the person you are divorcing. Spouses may wish to consider how friends and family, not just their partners, are likely to react, once the divorce filing becomes public knowledge – even the most level-headed spouse may have family members who decide to take advantage of knowing a soon-to-be-former in-law’s location to engage in harassment ranging from petty to outright threatening. The important point here is that divorce is often disruptive to home life, sometimes unpredictably, and so it can be a good idea to have a plan in place for somewhere you – and your children, if needed – can retreat to, briefly, to take a break.
Talk to a Lawyer
Even if you anticipate a “low-conflict” divorce, some of South Carolina’s laws – like the requirement that a couple must either pursue a divorce on the grounds of one party’s “fault” or spend a year in separation prior to filing – can create the conditions for divorces in the state to become contentious, protracted, and otherwise “messy,” if not handled carefully. A South Carolina attorney familiar with the state’s divorce laws and their impacts on families may be in a position to offer spouses practical advice concerning their legal options for keeping a divorce as quick and painless as possible, for the benefit of all involved.
Get Answers to Divorce Planning Questions in South Carolina
Considering divorce can be an intimidating experience. Navigating the legal obligations necessary to achieve dissolution of marriage through the South Carolina courts can make the process that much more stressful and exhausting. Fortunately, you do not have to find all the answers on your own. Schedule a consultation at any of the convenient King Law Offices locations throughout the state to discuss your situation with an experienced South Carolina divorce attorney. Call (888) 748.KING today to find a time and location to meet your needs.