Divorce Law in South Carolina
Divorce law in South Carolina sets forth certain requirements that govern the conditions that must be met to file for divorce, the grounds that can be cited, and all issues pertaining to the children, property distribution, and spousal support. The divorce attorneys at The Bleecker Law Firm, LLC have the legal knowledge to help you through the details in this often-complex area of the law.
Understanding divorce laws in Charleston
As any Charleston divorce law firm can tell you, divorce in Charleston is governed by state laws. Couples looking to divorce should be aware of the following:
- Requirements for filing: South Carolina divorce law requires that at least one party to the divorce must have been a resident of the state for at least one year. If both parties are residents, the requirement is reduced to three months.
- Grounds for divorce: Under divorce law, couples can file both no-fault and fault divorces subject to the following requirements:
- No-fault: If a couple has lived apart and without cohabitation for at least one year, either party can file a no-fault divorce, which essentially cites irreconcilable differences as a reason they can no longer remain married.
- Fault: The law allows a fault-based divorce for reasons of adultery, desertion for at least one year, physical cruelty, and habitual drunkenness.
- Division of property: As an equitable distribution state, the court attempts to divide marital property fairly between both spouses. The judge bases this decision on many factors, including existence of fault, the current value of the property, the income and earning potential of each spouse, financial considerations such as tax consequences and debt of each spouse, and a host of other important factors.
- Child issues: The court views the best interests of the children as the most important factor in determining custody, visitation, and support issues. When a child is determined to be old and mature enough, his or her preferences are considered in deciding the custodial parent.
- Spousal support: While spousal support is not automatically required, the court can award it based on a long list of factors, including (but certainly not limited to) financial need, earnings ability, and the existence of marital misconduct.
Contact The Bleecker Law Firm, LLC, divorce lawyers in Charleston today to discuss your family law, divorce, mediation, child custody and related probate litigation questions. Our lawyers assist clients in Charleston and throughout South Carolina. We practice in all South Carolina family courts.
