Our Charleston Divorce Lawyer & Family Law Attorney Services

4. Spousal Support (alimony)

   • Our goal is to make sure that whether you are receiving or paying, your alimony is the fairest amount possible under South Carolina law.

5. Distribution of Marital Property

   • Marital assets and debts must be divided under South Carolina’s family laws. No matter how simple or complicated your finances and properties may be, we will help you reach an equitable distribution.

6. prenuptial agreements

   • Our lawyers have the knowledge and the skill to prepare or to negotiate the best prenuptial agreement for you.

Our Charleston Divorce Lawyer & Family Law Attorney Services

1. Child custody & support

   • Our lawyers have decades of experience helping both mothers and fathers resolve their problems concerning child custody and child support.

2. Child visitation

   • We know what you need – a visitation schedule that focuses on the well-being of your children and is fair for both parents.

3. Divorce

   • Divorce is rarely easy on anyone. Our attorneys will set your mind at ease and protect the best interests of you and your family.

4. Spousal Support (alimony)

   • Our goal is to make sure that whether you are receiving or paying, your alimony is the fairest amount possible under South Carolina law.

5. Distribution of Marital Property

   • Marital assets and debts must be divided under South Carolina’s family laws. No matter how simple or complicated your finances and properties may be, we will help you reach an equitable distribution.

6. prenuptial agreements

   • Our lawyers have the knowledge and the skill to prepare or to negotiate the best prenuptial agreement for you.

Answers to Frequently Asked Questions About SC Divorce Laws

• Uncontested Divorce:
  • Both parties agree on child custody, support, and property division.
  • Based on a one-year separation.
  • Divorce can be finalized in about 2-3 months if all paperwork is quickly filed.
• Contested Divorce:
  • It can take a year or longer.
  • Issues like child custody, alimony, support, and property are disputed.

1. Prior support obligation
2. The number of children being supported
3. The income (or earning capacities) of both parents
4. The percentage of combined income each parent has
5. The number of other children each parent has living in their own home
6. The work-related daycare expenses either party has for the children
7. The health insurance expenses either party has for the child or children

Using these factors in the formula, and accounting for how many overnights the visiting parent may have, a specific monthly child support amount can be calculated.

1. The child’s temperament and developmental needs;
2. Each parent’s understanding and ability to meet the child’s needs;
3. The child’s preferences;
4. The parent’s wishes regarding custody;
5. The child’s past and present interaction and relationship with each parent, siblings, and other family members who play a significant role in the child’s life;
6. Each parent’s actions to encourage the child’s relationship with the other parent;
7. Whether a parent has involved the child in the parents’ dispute;
8. Whether a parent is disparaging the other parent in front of the child;
9. Each parent’s ability to be actively involved in the child’s life;
10. The child’s adjustment to home, school, and community environments;
11. The stability at each parent’s home;
12. Each parent’s mental and physical health;
13. The child’s cultural and spiritual background;
14. Whether the child or a sibling has been abused or neglected;
15. Whether one parent has engaged in domestic violence or child abuse;
16. Whether one parent has relocated more than one hundred miles from the child’s primary residence in the past year unless the parent relocated for safety reasons; and
17. Other factors as the court considers necessary

1. How long the parties were married;
2. The parties’ ages;
3. The parties’ physical and emotional conditions;
4. The parties’ education;
5. The parties’ employment history and earning potential;
6. The parties’ standard of living;
7. The parties’ current and expected income;
8. The parties’ current and expected expenses and needs;
9. The parties’ marital and nonmarital properties;
10. Which party has custody of the children;
11. Marital misconduct or fault;
12. Tax consequences;
13. Support obligation from a prior marriage; and
14. Other relevant factors

• Real estate
• Vehicles, boats, trailers, etc.
• Household contents such as furniture, TVs, etc.
• Bank accounts
• Retirement accounts
• Investment accounts

If a spouse owned property before getting married, such as a house, but shared that property during the marriage, then the family court may consider that property to be marital.

1. Desire to Cheat (Inclination)
   • Proof can come from love notes, texts, emails, online dating accounts, or photos of two persons being intimate.
   • Photos of them being too casual, like answering the door in pajamas, might also hint at more than friendship.
   • Sexting isn’t adultery, but it can show a desire to cheat.
2. Chance to Cheat (Opportunity)
   • You must show they had enough private time to engage in intimate acts.
   • Strong evidence includes photos or videos of them entering the same house or hotel.
   • Admissions might be in texts, emails, or social media.
   • Hotel encounters might be shown through credit card bills or hotel records.

In simpler terms, you need to show they wanted to cheat and had the chance to do so.

• The duration of the marriage,
• The age of the parties at the time of marriage and at the time of divorce,
• Each spouse’s physical and emotional condition,
• Each spouse’s educational background,
• Whether either spouse needs additional training or education to achieve their income potential
• Each spouse’s earning potential and work history,
• The couple’s standard of living during the marriage,
• The current and reasonably anticipated incomes of each spouse,
• The current and reasonably anticipated expenses of each spouse,
• The marital and nonmarital property owned by each spouse,
• Which spouse has custody of the children
• Marital misconduct that affected the parties’ economic circumstances contributed to the breakup of the marriage,
• Tax consequences for the type of alimony awarded,
• Any other support obligations that either spouse has, and
• Any other factors that the court thinks are relevant.

1. Complexity: The process might be more straightforward if your divorce is uncontested (meaning both parties agree on all terms). Even then, ensuring that all paperwork is correctly filed and you understand all implications can be invaluable.
2. Protecting Your Interests: An attorney can help safeguard your interests, especially if there’s a dispute over assets, debts, child custody, or spousal support.
3. Familiarity with the Process: Divorce laws and procedures can be complex, and missing a step or misunderstanding a requirement can delay the process or result in unfavorable terms.
4. Neutral Advice: Emotions run high during divorces. An objective professional can clarify and ensure that decisions are made based on facts and the law rather than emotions.
5. Paperwork: There’s a significant amount of paperwork involved in divorce. An attorney can help ensure everything is filled out correctly and filed in a timely manner.
6. Cost: While hiring an attorney does come with costs, representing yourself may be more expensive in the long run, especially if mistakes are made or if you end up with less favorable terms than an attorney might have secured.

It’s termed “pro se” or “self-represented” litigation if you decide to proceed without an attorney. While you can do this, it’s crucial to thoroughly research and understand the divorce process in South Carolina to avoid potential pitfalls.