Charleston Family Law Attorney

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Family Law Lawyer in Charleston, SC

Every year in the United States, an average of 673,989 couples get a divorce, and countless families have to deal with other intricacies of family law. 

To successfully navigate these issues, you need quality legal representation from family lawyers in Charleston, South Carolina. With the family law team at Clore Law, you can get the guidance you need.

Learn more about the various types of law we can help with. 

What Is a Family Law Attorney?

A family law attorney helps clients with legal issues that pertain to relationships and family concerns. They’re qualified to represent clients in court, draft documents like property agreements and petitions, advocate for them during negotiations, and provide all manner of legal counsel. 

Why You Need a Family Attorney

Dealing with family law issues is emotional and stressful. Even positive experiences like adoptions can be emotionally taxing. As such, you need someone who is objective and can offer the right perspective, which means the best thing you can do is find a lawyer who can help you with all the legalities involved. 

The right lawyer will have experience in family law and will be able to guide you. They will show you how you can protect your assets in the future and maintain your dignity throughout the process. 

This is especially true if there are disputes over issues like alimony, child custody, and property. In these cases, you’ll likely have to turn to the court system for help. You never want to undertake this on your own. Instead, turn to qualified lawyers for assistance. 

What Kinds of Family Law Issues Can an Attorney Help With?

An attorney can help with a variety of family law issues, including:

Alimony

Alimony, also called spousal support, is money one spouse pays the other if a judge decides that the receiving spouse is entitled to it. In South Carolina, there are a few types of alimony:

  • Permanent periodic alimony
  • Reimbursement alimony
  • Rehabilitative alimony 
  • Lump-sum alimony
  • Separate maintenance and support

When deciding on the kind of alimony a person deserves and the exact amount that should be paid, judges will consider a few factors. These include:

  • Duration of the marriage
  • The physical and mental condition of each spouse
  • Tax consequences
  • Each spouse’s age
  • The educational background of each spouse 
  • Marital standard of living
  • Employment history and earning potential of each spouse
  • Expenses of each spouse 
  • Prior marriage support obligations
  • Custody of the children
  • Marital misconduct
  • Property awards

Because the law is so complex when it comes to marital fault and alimony, especially if adultery is involved, it’s essential that you turn to spousal support lawyers in Charleston, SC, for help. 

Custody

In South Carolina, there are four types of custody arrangements: joint custody, sole custody, shared custody, and split custody. 

South Carolina also differentiates between physical and legal custody. A parent who has physical custody lives in the same residence as the child and is responsible for the child’s day-to-day care. The other parent is usually responsible for paying child support.

However, a parent who doesn’t have physical custody can still have legal custody of the child. This means they can still make medical, educational, religious, and extracurricular decisions on the child’s behalf. 

To make sure the right decisions are made for your child, it’s crucial that you turn to a lawyer for child custody for help. If you’re in the midst of child custody issues, contact Clore Law. 

Divorce

To get divorced in South Carolina, you have two options. You can choose a no-fault divorce or a fault-based divorce, with each choice having specific requirements you have to meet. 

The simplest option is a no-fault divorce because it has only one procedural requirement — you have to prove that you and your spouse haven’t lived in the same place for at least a year. Your divorce lawyer can help. 

You can also file for a fault-based divorce, which requires that you prove one of the following:

  • Adultery 
  • Physical abuse
  • Desertion
  • Habitual drunkenness or other intoxication

Keep in mind that emotional abuse isn’t enough to meet the requirements in Charleston. Each of the fault-based reasons for a divorce could have a significant impact on alimony and child custody. 

It’s essential that you get a lawyer for divorce in Charleston, SC. Contact Clore Law for representation. 

Guardianships 

A family lawyer can also help you legally establish guardianship of a minor or guardianship of a compromised adult. You’ll have to meet various requirements in order to qualify, but a lawyer can help you demonstrate your qualifications and back them up effectively.

Furthermore, family law attorneys can help you understand South Carolina’s financial and home environment requirements and help you choose the right type of guardianship for your unique circumstances. 

Paternity Matters

Family law attorneys can also help you establish paternity. This is important for mothers trying to get financial assistance from absent partners or fathers trying to legally establish their right to have access to their children. With experienced lawyers, it’s easier to navigate paternity laws in South Carolina.

Visitation Rights

Both parents and grandparents have visitation rights in South Carolina. If your rights have been unfairly limited or if you’re concerned about a child’s safety, you need a lawyer to help you. 

A family lawyer will gather the necessary evidence to prove that you should be given visitations or to show that your visitation rights have been violated. If necessary, they can also help you establish that visitation rights for a given party should be revoked.

Family Law FAQs

How Long Do You Have to Live in South Carolina Before Being Eligible to File for Divorce?

You can file for divorce in South Carolina if both spouses have lived in the state for at least 90 days. If only one spouse lives in the state, this spouse has to have lived in South Carolina for at least one year. 

Does Adultery Affect Alimony and Child Custody?

By South Carolina law, a spouse who has committed adultery can’t receive alimony. Turn to spousal support lawyers for help.

Adultery, however, doesn’t have much of an impact on child custody. It would only have a bearing on custody if one of the spouses committed a sex act in front of a child, the child is left in the care of a significant other or meets the significant other without both parents’ permission, or if the unfaithful spouse is living with the significant other. 

What Kind of Custody Rights Do Fathers Have in South Carolina?

Fathers have equal rights to mothers in South Carolina when it comes to custody if the child is born while they’re married. If, however, the father wasn’t married to the mother when the child was born, they don’t have any custody rights.  

Keep in mind that the father can ask for visitation and custody rights by filing a child paternity case.

Family Law Practice Areas

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Alimony / Spousal Support

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Child Custody

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Divorce

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Get Help From Experienced Family Law Attorneys in Charleston, SC

At Clore Law, we have years of experience assisting the people of Charleston, SC, through all kinds of family law matters, and we can help you too. Contact us to schedule a consultation with one of our family law attorneys.