Tega Cay Family Lawyer
Family law is one of the most interpersonal and sensitive areas of the law. Whether ending a marriage or determining child custody, the results in each case can be life changing for the individuals involved. The outcome is likely to impact your family, finances, and future for years to come. Therefore, it is important to have a compassionate attorney advocating on your behalf who understands and respects your individual needs and goals.
At McKinney, Tucker & Lemel, LLC, we strive to form close working relationships with our clients and pursue the best outcome possible in each case. Our South Carolina legal team has experience handling matters involving:
Contact us today to learn more about your rights and options in a confidential consultation with a Tega Cay family lawyer. Read on to learn about key areas of family law in South Carolina.
Is It Difficult to Get Divorced in South Carolina?
South Carolina courts are strictly prohibited from granting a divorce except on one or more of five statutorily prescribed grounds. First, a divorce may be granted “on the application of either party if and when [they] have lived separate and apart without cohabitation for a period of one year.” Because the person requesting the divorce need not prove any wrongdoing on part of their spouse, this is commonly referred to as a “no-fault” divorce.
By contrast, a fault-based divorce may be granted for one or more of the following reasons:
- Adultery – Intimate or sexual interaction between a married person and someone other than their legal spouse.
- Desertion for a period of one year – Desertion is somewhat different from the one-year separation period in a no-fault divorce in that it implies an intent to leave permanently against the consent or will of the other spouse.
- Physical cruelty – Though physical cruelty is a ground for divorce, emotional or psychological cruelty is not.
- Habitual drunkenness – Though the statute specifically mentions drunkenness, this ground includes excessive abuse of either alcohol or drugs.
No matter the underlying reason each person may have for seeking a divorce, the process of securing one can take a heavy emotional toll. Therefore, it is important to secure a compassionate attorney who appreciates the difficulty of what you may be going through, as well as one who can effectively communicate your motives to a court.
How Is Property Divided in a Divorce?
One of the most time-consuming, contentious, and consequential aspects in many divorce cases is the division of marital property. Marital property includes any real estate or personal assets acquired by either spouse during their marriage.
A handful of states apply the doctrine of “community property” when dividing marital property in a divorce. This doctrine presumes that property should be divided equally between divorcing spouses. However, South Carolina instead applies the doctrine of “equitable apportionment.” Instead of simply dividing marital property down the middle, this doctrine allows courts to order what they perceive to be the fairest distribution given the unique circumstances of the marriage.
When making this determination, the court “must give weight in such proportion as it finds appropriate” to a long list of statutorily prescribed factors. Among other things, this list includes things like:
- How many years the marriage lasted
- The age of each spouse at the time of marriage and divorce
- Any wrongdoing, such as adultery, on part of either spouse
- The total value of all marital property
- How much each spouse contributed to the marital assets
- The average income and earning capacity of each spouse
- The separate property belonging to each spouse
- The retirement savings in each spouse’s name
- Issues regarding child custody and child support
- Requests for spousal support or maintenance payments
- The tax implications of property division choices
Is Mediation an Alternative to Divorce?
Mediation is a form of alternative dispute resolution (ADR) meant to provide a more harmonious route to securing a divorce than the one you might find by simply going to court. During mediation, a conflict-resolution professional tries to help spouses resolve any disputes that arise during the course of their divorce proceedings.
Mediation is a mandatory step in all South Carolina divorces. That said, it is not an alternative to divorce. The goal is to facilitate the divorce process, not to avoid or replace it.
What Factors Are Considered in South Carolina Child Custody Cases?
When determining child custody, courts are primarily concerned with safeguarding the “best interests of the child.” They are given wide latitude when applying this standard. However, their inquiry should be guided by a wide-ranging list of factors, which includes but is not limited to the following:
- The temperament and developmental needs of the child.
- The capacity and the disposition of the parents to understand and meet the needs of the child.
- The preferences of each child.
- The wishes of the parents as to custody.
- The past and current interaction and relationship of the child with each parent, the child’s siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child.
- The actions of each parent to encourage the continuing parent-child relationship between.
- The child and the other parent, as is appropriate, including compliance with court orders.
- The manipulation by or coercive behavior of the parents in an effort to involve the child in the parents’ dispute.
- Any effort by one parent to disparage the other parent in front of the child.
- The ability of each parent to be actively involved in the life of the child.
- The child’s adjustment to his or her home, school, and community environments.
- The stability of the child’s existing and proposed residences.
- The mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child.
- The child’s cultural and spiritual background.
- Whether the child or a sibling of the child has been abused or neglected.
- Whether one parent has perpetrated domestic violence or child abuse, or the effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child.
- Whether one parent has relocated more than one hundred miles from the child’s primary residence in the past year, unless the parent relocated for safety reasons.
- Other factors as the court considers necessary.
Contact a Tega Cay Family Lawyer Today
If you are considering consulting with a family lawyer, chances are you are going through a turbulent and challenging period. Family law touches on some of the most intimate areas of our lives, and it is important that individuals in need of a family lawyer hire one who is both knowledgeable and empathetic. The Tega Cay family attorneys at McKinney, Tucker & Lemel, LLC, are here to help. Contact us today for a confidential consultation.
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