Call us today at or visit our Contact page to set up an initial consultation. The sooner you call, the sooner we can help! Schedule a Free Telephone Consultation Select a date and time to schedule your free, confidential telephone consultation with one of our attorneys. Schedule If you are reading this page, chances are that you require the services of a Charleston SC divorce attorney, as you are about to become involved in some variety of Family Court case, whether it be divorce, a custody, child support, or alimony. Some of that information is helpful, most of it is not, and the sheer volume of it is definitely overwhelming. Perhaps you have surfed through its pages, perhaps you have found the information for which you were searching. We hope that you have. That is the purpose of this site, to give individuals facing a Charleston divorce, custody case, support case, whatever it may be, the resources that they need to start putting their minds at ease. But if you are simply browsing this website you are not taking advantage of the full resources our divorce attorneys have to offer. No amount of material on the web can put all of the information together for you the way an experienced, concerned Charleston divorce attorney.
Charleston SC Divorce Lawyers
Sometimes, you will only proceed with the divorce itself. For our purposes, this page only deals with a “no-fault” divorce in South Carolina, or a divorce on the grounds of a continuous separation in excess of one 1 year. If you have already moved forward with the approval of your settlement, you will still be under oath.
If you are not under oath, the Judge will ask you to stand, raise your right hand, and “swear in. For these purposes, you will be the party proceeding with the divorce.
In South Carolina, a divorce complaint is filed in the Clerk of Court’s office where jurisdiction is proper. Typically the complaint is filed in the county where the Defendant resides. Either the attorney, the attorney’s staff, or a courier will file the complaint with the Clerk of Court in the respective county.
When people decide to get a divorce, they usually don’t know what to expect. After all, divorce is a complicated legal process, and it can be full of unpleasant surprises and frustrating delays. It’s always helpful to review a legal divorce timeline to give you a general understanding of what’s likely to happen so you can help you feel more comfortable at an uncomfortable time. The following chronology gives a general idea of how an average divorce will proceed, although your divorce may not follow the exact timeline below because of specific issues between you and your spouse or because of specific laws in your state.
Starting the Divorce Legal Process To start off the divorce, one of the spouses gets a lawyer , who writes up a petition also known as a complaint , which is a legal document that says why the spouse wants a divorce and how he or she wants to settle finances, custody, and other issues. Filing and Serving the Complaint The lawyer files the petition or complaint with the court.
Receiving Your Spouse’s Answer to the Divorce Complaint The served spouse has to answer within a certain time usually about three weeks. The answer also called a response indicates how the served spouse would prefer to deal with divorce decisions. Initiating the Property Division Process and Exchanging Documents The couple exchanges documents and information on issues such as property and income.
By examining this information, the couple and the court can decide how to divide up property and how to deal with child support and alimony. Entering into Mediation or Settlement Sometimes, the couple can voluntarily resolve all their issues through mediation or settlement. Some states require that divorcing couples go through this process.
Can Married Men Who Are Legally Separated Date Without Committing Adultery
But, I can help provide some general guidelines so you can get an idea of how long the typical uncontested divorce takes in South Carolina. Like I mentioned in a previous post, I practice primarily in Greenville County, South Carolina so I can speak more authoritatively on how long it takes in Greenville. Most other counties will have similar time frames, but they do vary from county to county.
This also assumes that your case is truly uncontested, meaning you and your spouse agree that there are no issues for the court to resolve except for actualy divorce i.
In South Carolina, the divorce papers are filed in the Family Court of the _____ Judicial District, which is the local county courthouse, where the Domestic Relations or Family Law department accepts the divorce .
Annulment of Marriage in South Carolina Share A brief guide to annulment of marriage in South Carolina The process of separating from one’s spouse can be legally complicated and emotionally difficult. Some people may not wish to obtain a divorce for religious reasons or because of other concerns and seek out annulments of marriage in South Carolina instead.
Unlike a divorce, an annulment states that a marriage was not valid to begin with. Unfortunately, the conditions under which you may seek out an annulment of marriage in South Carolina are very limited under the law. First you must make sure that you qualify for this procedure. In order to receive annulments of marriage in South Carolina, either you or spouse must presently reside in the state. If a marriage occurred in the state but neither spouse currently resides there, you may not undertake this procedure.
State law states that there is effectively only one way in order to obtain an annulment of marriage in South Carolina.
Family & Divorce, Personal Injury & Real Estate Law: Greenville, SC: The Barbare Law Firm
The person filing for divorce must have resided in South Carolina for at least one year prior to its commencement. If the person is not a resident of South Carolina, the other party must have resided in this State for at least one year prior to the filing, or both parties must have been residents of South Carolina for at least three months prior to the filing of the divorce action.
The court requires proof of more than one act in violence, unless that one act is severe. Sometimes this is difficult to prove because there are no witnesses to the abuse. It is important to note that mental and emotional abuses are not grounds for divorce in South Carolina.
North Carolina allows the following grounds for divorce: Living separate and apart for one year. Living separate and apart for three consecutive years, without cohabitation, by reason of the incurable insanity of one of them, the court may grant a decree of absolute divorce upon the petition of the sane spouse.
South Carolina Military Divorce Laws A South Carolina military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply. Military Protection From South Carolina Divorce Proceedings There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action.
These laws were enacted to protect active military from being divorced without knowing it. Under the Soldiers and Sailors Civil Relief Act, 50 UCS section and in the discretion of the local South Carolina court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter This is typically the case when the active member is serving in a war. Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.
Serving an Active Military Spouse The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a South Carolina court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action. Residency and Filing Requirements The typical military divorce filing requirements are as follows: The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.
The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.
South Carolina Family Law
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At Montgomery Family Law, each of our attorneys dedicates % of their law practice to family law and divorce. Expertise Three of our attorneys are N.C. Board Certified Family Law Specialists, a certification earned by less than 1% of lawyers statewide.
What are the grounds for divorce in South Carolina? There are five grounds for divorce in South Carolina: Does South Carolina have “no fault divorce”? In a no-fault divorce, neither party is blamed for the unraveling of the marriage. In South Carolina a couple must live apart for more than one 1 year without intervening cohabitation before filing for a no-fault divorce.
Can we be “legally separated” in South Carolina? South Carolina law does not provide for legal separation. However, a husband and wife can enter into an agreements to divide their property, and have these agreements approved by the Family Court.
Which States Recognize Common Law Marriage
Share A brief guide to divorce in South Carolina Couples experiencing marital difficulties who are thinking of separating temporarily or permanently in South Carolina should be aware of the following things: South Carolina state divorce laws To file for divorce in South Carolina, the plaintiff must have been a resident for at least a year. If both parties are residents, the plaintiff only needs to have lived in the state for three months before filing a complaint. Grounds for divorce Aside from those filing for no fault divorce in South Carolina, there are three grounds for which a spouse can file a petition for an at-fault divorce:
Divorce attorneys usually frown upon dating during the divorce process because having a girlfriend can negatively impact the outcome of divorce proceedings. Dads should wait until after the divorce is finalized to begin a new relationship.
Home August 22 Adultery and Divorce: The Top Ten Myths August 22, comments In England and Wales, a divorce can only be obtained when a marriage has irretrievably broken down and it can be proved by at least one of five specific facts, set out in the divorce petition. According to one study, more than 50 per cent of married men and 26 per cent of married women are likely to stray at least once during their marriage.
Today, by coincidence, I saw a new client whose wife had been advertising for a quick fling on a website catering for illicit affairs between married people. A quick look at the website in question was eye-opening! There are hundreds of married people, of both sexes, advertising for casual sex with strangers.
South Carolina Divorce: South Carolina Divorce Laws
South Carolina Divorce The South Carolina divorce section provides a professional directory of divorce lawyers, mediators, counselors, financial planners and other divorce professionals as well as articles on child custody, visitation, child support, alimony, and property and debt division. You will also find access to other state specific resources, products and services. South Carolina Divorce Professionals by City – The following is a list of South Carolina divorce lawyers, mediators, counselors, financial planners and other divorce professionals which are listed alphabetically by city.
These South Carolina divorce professionals are members of our professional directory and can help with the legal, financial, and emotional aspects of your divorce. South Carolina Divorce Laws – Complete overview of South Carolina divorce laws for people considering an South Carolina divorce or filing an South Carolina divorce with issues to be resolved about child custody, child support, visitation and alimony.
The issue of whether you are in a South Carolina common law marriage can be a tricky one and have common law marriage or divorce issues. You should speak with an experienced South Carolina attorney regarding any common law marriage or divorce issues.
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Our server is put through a rigorous test everyday by this independent third party to ensure your information is safe and remains private. This means that PayPal backs all purchases made through our site. We have met their rigorous standards to be eligible to offer PayPalTM as an alternative form of payment. This trust is not just given to anyone. Actions for divorce from the bonds of matrimony or for separate support and maintenance must be tried in the county a in which the defendant resides at the time of the commencement of the action, b in which the plaintiff resides if the defendant is a nonresident or after due diligence cannot be found, or c in which the parties last resided together as husband and wife unless the plaintiff is a nonresident, in which case it must be brought in the county in which the defendant resides.
The divorce is typically filed with in county in which the filing spouse resides.