In general, family law matters are never easy to confront, whether you’re facing divorce, a child custody issue, or a domestic violence matter. Fortunately, an experienced and compassionate lawyer may be able to help you see your best options and fight to achieve the most strategic result based on your situation. Years of experience have prepared the family law attorneys at King Law with an unparalleled understanding of the intricacies of family law. Our experienced divorce lawyers serve clients throughout South Carolina, including Gaffney, Greer, Spartanburg, and Greenville.
What Are the Grounds for Divorce in South Carolina?
In the state of South Carolina, S.C. Code § 20-3-10 outlines the rules and regulations surrounding divorce. South Carolina recognizes no-fault and fault-based grounds for divorce. Note that to complete a no-fault divorce, each person must have lived separately without cohabitation for over one year. For a fault-based divorce, there are four grounds for divorce in South Carolina:
- Habitual drunkenness
- Physical cruelty
- Abandonment or desertion
It’s also important to note that mental abuse or cruelty isn’t a basis for divorce in South Carolina. Likewise, divorce proceedings generally take place in specific courts called family courts. These judges have jurisdiction over divorce, separations, child support, child custody and visitation, spousal support/alimony, and the division of marital property.
How Long Does Divorce Take in South Carolina?
Dissolving a marriage in South Carolina can be an intricate and emotionally challenging process. Although most people prefer to finish their divorce quickly and move on with their lives, South Carolina divorce laws can complicate the procedure. In general, the length of a divorce depends on a number of factors, including whether or not your divorce is based on fault and whether it was contested or contested.
Is Your Divorce Based on Fault?
If your South Carolina divorce is fault-based, it’s crucial that you meet with a lawyer and file for divorce as soon as possible. Fault-based divorce cases have a 90-day minimum waiting period before a final hearing can be requested. If your divorce isn’t based on fault, it’s important to note that South Carolina requires a one-year separation period before either party can file.
Is Your Divorce Contested or Uncontested?
Whether or not your divorce is uncontested or contested is one of the most critical factors determining how long the divorce process will take.
For an uncontested divorce—meaning that you and your partner agree on all relevant issues—you can file for an Order of Separate Maintenance and Support. Though this doesn’t cover divorce or end your marriage, it can make the one-year separation period easier by providing clear guidelines for how property and responsibilities will be divided.
If your divorce is contested, the length of time will increase as mediation or litigation may be required to resolve the necessary issues.
Other Family Law Issues Related to Divorce We Handle at King Law
At King Law, our divorce lawyers will provide the court with the proper information to ensure a fair outcome to your case, and our experienced counsel helps give you peace of mind throughout a complex legal process. However, it’s important to note that divorce isn’t the only family law issue we handle. Here are a few others:
South Carolina law allows a marriage to be concluded by annulment rather than divorce under certain circumstances. Unlike a divorce, which terminates your marriage, an annulment declares your marriage null and void from its inception. This is akin to saying your marriage never happened in the first place.
Pre- or Post- Nuptial Agreements
Either before or after a couple gets married, they may want to establish an agreement related to the assets or debts. This is often of concern with individuals later in life or in their second or future marriages. After marriage, agreements made between married people—or “post nups”—are often the product of a party attempting to protect property or money earned that may not be incident to the marriage.
A custody proceeding is any court case where legal custody, physical custody, or visitation is decided. This may occur during a divorce, but it could also be the result of a separation, neglect, abuse, paternity, domestic violence, or guardianship proceeding. When faced with the child custody issues of a divorce or a post-divorce relocation, we may be able to provide the necessary guidance for these stressful circumstances.
Oftentimes, the optimal solution is one found outside of court. Our seasoned attorneys assist clients in negotiating a mediated resolution to their family law case, sidestep trips to court, and foster better future communication with the other party.
Many family law issues arise as families grow and change over the years. We have experience helping clients navigate the waters of adjustments in obligations such as child support, alimony, residential relocation, and other related issues.
Trusted Family Law and Divorce Lawyers in South Carolina
The best way to begin moving forward following any family law dispute is to meet with an experienced South Carolina family and divorce lawyer as soon as possible. Fortunately, help is right around the corner at King Law. Our team of knowledgeable lawyers understands the ins and outs of South Carolina family law and is committed to standing by your side throughout the entirety of the legal process.
At King Law, we’re dedicated to building a relationship with our clients to learn about what matters most as they move forward to a better place in their lives. When you partner with our South Carolina family and divorce lawyers, we’ll work tirelessly to do everything we can to attain the most desirable results possible for you and your family. Call the office of King Law at (888) 748-5464 or reach out to us online to schedule a consultation today.