When a person is considering or currently experiencing divorce, they might have several questions regarding this procedure, particularly as it can be overwhelming and potentially lead to lasting financial and social consequences. By knowing the answers to some of the commonly asked questions concerning divorce, individuals can improve their understanding of the process, which may help make it seem less daunting. Learn some frequently asked questions about divorce, alongside their answers, and explore how King Law Offices might help those considering ending their marriage with their divorce queries; call a knowledgeable South Carolina family law attorney from our firm at (888) 748-KING.
What Are Some Questions About Divorce?
One of the most common questions regarding divorce is “How does someone file for divorce?”. To initiate divorce proceedings, a spouse must complete the required paperwork, referred to as a Summons and Complaint in South Carolina, and present it to the court. Individuals can only file for divorce after meeting the residency requirements of that state; per §20-3-30 of the South Carolina Code of Laws, at least one spouse must have resided in South Carolina for a minimum period of one year prior to filing, or both spouses must have lived in the state for a minimum period of three months.
According to the South Carolina Bar, the state recognizes five legal reasons for ending a marriage (grounds for divorce), including habitual drunkenness, adultery, abandonment, no-fault (established through a minimum separation period of one year), and physical cruelty. After filing a complaint based on one of these grounds, the plaintiff must inform the other spouse of their intentions by either personally serving divorce paper copies or serving them to the other spouse’s attorney to accept on the other spouse’s behalf, giving the other spouse 30 days to respond and outline the issues they want the court to address. Following this, the court holds a divorce hearing to end the marriage, where a third-party witness confirms the plaintiff’s testimony concerning the divorce grounds; depending on the nature of the divorce, couples may work through their divorce issues (such as property division and custody) with or without lawyers and may consider alternatives to litigation to resolve their disputes, like collaborative divorce or mediation.
How Long Does It Take To Get a Divorce?
Divorce proceedings have different lengths. Uncontested divorces, where both spouses do not formally contest the divorce and its terms, are typically faster than contentious divorces concerning disputes regarding child custody, alimony, or the splitting of marital estates. With the former, the divorce process can be as short as a few months, whereas with the latter, it can take a year or longer to finalize the divorce.
Is It Necessary To Disclose All Finances During a Divorce?
Both parties typically have to disclose their finances in full, including details about their debts, earnings, and assets, during divorce proceedings if there are disagreements concerning property division. If a court suspects a deliberate attempt to conceal finances, they may impose substantial penalties, such as awarding hidden assets to the other spouse or ordering an adjustment to a divorce settlement. For an inadvertent failure to disclose assets, the penalties are likely to be far less severe.
Discover the answers to some more commonly asked questions about divorce, and find out a South Carolina divorce attorney can assist individuals with their family law concerns. Contact our firm today to arrange a confidential consultation with an experienced lawyer.
Is It Possible To Obtain a Divorce Without Knowing Where the Other Spouse Is?
Obtaining a divorce without knowing the other spouse’s whereabouts is possible provided a spouse makes a reasonable and diligent attempt to locate them. In South Carolina, a spouse can achieve this by placing a notification of the complaint in a local newspaper circulated in an area of their last known location. If the spouse fails to respond, the plaintiff can seek a default divorce judgment by attending court and presenting their testimony pertaining to the divorce complaint.
How Do the Courts Split Property in a Divorce?
South Carolina family courts split marital property according to the equitable distribution principle, which involves dividing assets fairly but not always equally. Marital property refers to all debts and assets acquired throughout the marriage, with some exceptions (gifts or inheritance given to a single spouse, property gained before the marriage, and assets specifically mentioned in premarital agreements), irrespective of which spouse gained the asset or took on the debt. When deciding how to divide marital property, the court may consider the following factors:
- Marriage duration
- Spouses’ ages
- Value of marital assets/debts
- Spousal conduct
- Each party’s income and earning potential
- Spouses’ involvement in acquiring, maintaining, and appreciating or depreciating marital property
- Previous alimony or child support obligations
- The health of each party
- Each spouse’s non-marital property
- The extent of any alimony award
What Is the Difference Between a Divorce and a Legal Separation?
In some states, it is possible to obtain a legal separation, officially recognizing the ending of a married couple’s relationship but leaving the marriage intact, preventing spouses from remarrying or entering into domestic partnerships with other people. This differs from a divorce, which dissolves the marriage. However, South Carolina does not recognize legal separations, and as a result, the state continues to recognize a marriage and relationship following separation until a court grants a divorce.
What Is the Difference Between a Divorce and an Annulment?
An annulment refers to a court-granted decree that deems a marriage invalid. In contrast to a divorce, which legally ends a valid marriage, an annulment results in the marriage never having existed. Annulments have the same outcomes as a divorce, giving the spouses single status and allowing them to remarry, and a court may also deal with common divorce issues, such as asset division, alimony, child support, and child custody, during an annulment.
When Can a Court Order a Spouse To Pay the Other’s Attorney Fees?
While this can be a rare occurrence, a court might order a spouse to pay the other’s attorney fees in the event of the spouse acting dishonestly during divorce proceedings. Some example behaviors include the deliberate hiding of assets or prolonging of the process. However, a court may also issue such an order if one spouse lacks the financial means to pay their attorney fees or there is a significant difference in wealth between the spouses.
Learn More by Speaking to an Experienced South Carolina Family Law Attorney
Ending a marriage is a challenging process impacting friends, finances, legal rights, and family, causing various questions to arise. In addition to giving the answers to commonly asked questions about divorce, a seasoned attorney can help individuals learn how to effectively present a case to a specific judge, understand their divorce goals, and utilize witnesses to obtain a favorable outcome, among other things. Understand how King Law Offices may aid people thinking about getting a divorce by calling (888) 748-KING.