In getting a divorce it’s crucial that you understand your legal rights and possible courses of action. The wrong decision here could be very costly. Though the scope of this website is not to provide legal advice, we can still help you to understand some elements of getting a divorce in South Carolina.
Here are the reasons you can get a divorce in SC:
Spouses may seek a divorce in South Carolina for at least one of five reasons: adultery, desertion, physical cruelty, habitual drunkenness, and living separate and apart for a period of one year.
Each possible reason requires specific and clear proof. Living separate and apart for a period of one year is often referred to as a “no fault” divorce, while the remaining reasons are commonly called “fault” divorces.
A significant difference between these options is the amount of time that must pass before a divorce is granted (as little as 90 days versus at least a year). Our attorneys are able to explain each of these possibilities and the proof requirements to help you determine a course of action based on your specific situation. This is because we have over 45 years experience in family law between us.
Although some clients may have the necessary proof to obtain a divorce based on a “fault” ground, the client may be better served by not obtaining a divorce on those grounds for other reasons. In some cases, a client may be best served by not getting a divorce at all, but rather by taking advantage of some of the other options available through the Family Court. Once you have decided that you cannot continue in a dysfunctional marriage, it is very important that you discuss all aspects of your current situation and your future goals with an attorney before proceeding.
Even if the grounds for divorce do not exist, steps can be taken to protect you and provide for your needs. Our attorneys will help you formulate a strategic legal plan to help meet your goals including, custody, alimony, child support and preservation of assets.
Here are some important things to consider before getting a divorce.