Charleston Divorce Attorney

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Charleston Divorce Attorney

Deciding to get a divorce is never an easy choice to make, but it is, in fact, quite common. South Carolina alone, for instance, experiences a divorce rate of 2.4 per 1,000 people

Nevertheless, the frequency at which divorces take place in the state doesn’t mean they are simple processes to go through. South Carolina has certain requirements in place that can easily complicate matters. 

With that in mind, whether you are planning on getting a divorce or are already separating, having a divorce attorney in Charleston, SC, is critical. And at Clore Law, we’re ready to offer the guidance you need during such a tumultuous time. Contact us today for more information.

Understanding Divorce Laws in South Carolina

Among the requirements that South Carolina imposes on couples seeking a divorce are residency requirements. These state that you and your spouse must have lived in South Carolina for at least three months before you can file. Alternatively, either you or your spouse must have lived in the state for at least a year before filing. 

Additionally, to be able to divorce in South Carolina, you must provide a set of legitimate reasons (or “grounds”) to do so. You can choose between no-fault grounds, which refer to circumstances in which neither spouse is to blame for the split, or fault grounds, wherein one spouse is the direct cause. 

A no-fault divorce requires that you live separately from your spouse for a year. Conversely, a judge can grant a fault-based divorce if your spouse has done any of the following:

  • Committed adultery
  • Engaged in physical cruelty
  • Deserted you for at least a year
  • Gotten habitually drunk or otherwise intoxicated

It is important to note that emotional or psychological cruelty is not considered to be a valid reason for a fault-based divorce in South Carolina. 

Regardless of type, divorce proceedings can be contested or uncontested. An uncontested divorce means that you and your spouse agree on the various issues involved in the process, whereas contested means that you don’t agree on concerns such as child custody and support, alimony, and property division. 

To have the best chance at a successful divorce that addresses these concerns and ensures your rights, turn to the family law attorneys in Charleston, SC, at Clore Law today.

The Phases of a Divorce in South Carolina

There are three main procedural phases to a divorce in South Carolina. The first involves temporary orders, and it can take place right after filing a divorce complaint. A family court judge can enter temporary orders encompassing subjects like child custody, property division, and alimony, among others. 

These temporary orders remain in place until the judge settles on permanent orders that end your marriage. They can even impact your permanent orders. Therefore, turning to an attorney for divorce proceedings as soon as you receive a complaint is crucial to ensure the temporary orders are fair.

The second phase of a divorce takes place when the divorce court judge enters a decree to end your marriage. As part of it, the judge will outline their orders regarding child custody, alimony, and other such issues. 

The final phase of a divorce procedure is when your divorce is finalized. And though the process as a whole may sound straightforward, it is still essential that you turn to a divorce attorney in Charleston, SC, as soon as possible. Schedule a consultation with Clore Law today.

Why Hiring a Divorce Lawyer Is Crucial in South Carolina

Going through a divorce is an undoubtedly emotional experience. It’s also one that you don’t want to go through without an attorney for divorce by your side. Your divorce lawyer will have the legal knowledge necessary to represent you and fight for your rights. They will be fully aware of all of the requirements you must meet, and they will do their best to minimize conflict. 

But just as divorce is an emotionally trying time, , it is very much a financial matter, as well. That is especially true if you have children or joint properties. Don’t wait to get the help and financial protection you deserve. Contact Clore Law’s divorce attorneys in Charleston, South Carolina, today. 

Divorce FAQs

Can I Get Alimony in South Carolina?

South Carolina allows spouses to receive alimony unless they committed adultery. There are many types of alimony available, so a judge will have discretion in what they offer. 

They will consider many factors, such as the ones below, to determine whether to grant alimony and how much of it the spouse should receive:

  • Length of the marriage
  • The spouses’ emotional and physical conditions
  • The educational backgrounds of both spouses
  • The ages of each spouse
  • Tax consequences
  • Employment histories of both spouses
  • Earning potential 
  • Current and future spending
  • Child custody arrangements

Judges will also consider fault and support obligations from previous marriages, as well as any properties involved.

How Long Does a Divorce Take In South Carolina?

The answer to this question depends on whether you’re pursuing a fault-based or no-fault divorce, as well as the unique circumstances that every divorce brings to the table. For a fault-based divorce, there’s a 90-day waiting period. And for a no-fault divorce, you and your spouse have to live apart for a year. 

The process can take longer if there are issues with property division, child custody, and alimony. Having a divorce lawyer, therefore, can help you make this process easier and even shorten its duration as they assist you in avoiding some conflicts. 

How Is Property Divided in a Divorce?

Unlike a community property state, which requires that each spouse get half of their marital properties regardless of fairness, South Carolina is an equitable distribution state. That means those properties are divided based on what is fair. It doesn’t, however, always mean that division is done equally. Thankfully, you also have the chance to divide property with your spouse outside of court as you prefer. 

Is There a Residency Requirement for Divorce in South Carolina?

As mentioned above, there are residency requirements you must meet to get a divorce in South Carolina. Either you or your spouse must have lived in the state for at least a year before filing for a divorce. If both of you live in the state, the requirement is only three months. 

Is Divorce Mediation a Requirement?

In South Carolina, if a divorce is contested, mediation is required, but the outcome is not a guaranteed settlement.  Having an attorney who will work to prepare you and your case for a productive mediation is the most successful way to use this off-ramp to additional litigation in your case, but you are not forced to  settle at the mediation conference. If there are still issues that mediation doesn’t provide a resolution to, the next step is to take the issue to trial in family court.  This is where your lawyer’s trial experience is the most essential.

Turning to Clore Law For Help in South Carolina Divorces

Going through a divorce can leave you physically and emotionally drained. The last thing you want to worry about as you navigate these proceedings is whether your legal rights are being respected. By turning to a divorce lawyer, you’ll have the assistance you need. 

Clore Law has decades of experience helping people throughout Charleston, South Carolina, manage a variety of legal issues. And we’re confident we can help you, too. Contact us today to schedule a consultation with one of our divorce lawyers.