Tega Cay Divorce Lawyer

If you’re going through a divorce, the South Carolina attorneys at the law firm of McKinney, Tucker & Lemel, LLC understand you’re under stress. Divorce is never easy. Feeling overwhelmed while figuring out matters such as living arrangements, property division, child custody, and child support is natural. But you’re not alone. Our law firm has been helping people navigate the divorce process for almost 50 years.

Our legal team can answer your questions in a private, confidential consultation. Contact us now for a free case review with a Tega Cay divorce lawyer.

Are There Different Forms of Divorce in Tega Cay?

There are generally two main types of divorce: uncontested and contested. In an uncontested divorce, also known as a simple divorce in South Carolina, both spouses agree to the divorce and its specific terms. These cases are generally less challenging to resolve, but hiring a lawyer is still a good idea to ensure your interests are protected.

In a contested divorce, the spouses either disagree on the decision to divorce or cannot agree on the terms. In these cases, the spouses will need to find common ground or attend a series of court hearings to resolve the issues related to the divorce. Contested divorces generally take much longer and are more expensive to resolve. Getting help from a divorce lawyer is highly recommended to achieve your goals or reach a fair compromise.

What are the Different Grounds for Divorce in Tega Cay?

There are only five valid reasons to get a divorce in South Carolina. Four of them are considered at-fault grounds, including:

• Adultery
• Physical abuse
• Habitual drug use or drunkenness
• Abandonment for a year or longer

To obtain a no-fault divorce in South Carolina, you must live separately from your spouse for at least one year. This makes it the most straightforward option. Keep in mind that if you reconcile or live under the same roof at some point during that initial separation, the one-year clock starts over on the date you move out again.

How Does the Divorce Process Work in South Carolina?

You must meet several requirements before you can get a divorce in Tega Cay. First, you and your spouse must have been South Carolina residents for at least a year. If one party is not a South Carolina resident, the other spouse must be a South Carolina resident for at least three months before seeking an at-fault divorce. If you are filing for a no-fault divorce, you and your spouse must live separately for an entire year before you can start official proceedings.

The legal process begins when one spouse files a divorce complaint in their local family court. A copy of the complaint is sent to the other spouse, who then has the chance to respond. If the spouses agree on the divorce terms and meet the requirements, a judge will issue their divorce decree.

Contested divorces are more complicated. If you seek an at-fault divorce, you must provide evidence showing you meet one of the state’s four recognized grounds for an at-fault divorce. If you are filing for a no-fault divorce but disagree with your spouse on the terms, the judge may order you and your spouse to see a mediator so you can try to work things out on your own. If mediation fails, both sides will attend a series of court hearings to make their arguments over the disputed issues.

No matter what kind of divorce you seek, the process ends with a divorce decree from the judge overseeing your case. In an at-fault divorce, you can request a final hearing 90 days after submitting your complaint, though you may not get a trial immediately. Once the hearings are complete, the judge will issue a court order outlining the terms of the divorce. These terms can be challenged, but you should get legal advice from a knowledgeable divorce lawyer before taking action.

 

What are the Top Issues to Consider in a Divorce?

There are several crucial issues you should discuss with your South Carolina attorney if you are divorcing, such as:

• Who will have custody of any minor children from the marriage?
• What sort of visitation schedule do you want?
• What will happen to the marital home?
• How will your assets, shared property, and debts be divided?
• What financial support (e.g., alimony, child support) would you want from your spouse?
• Who gets to make decisions about how your children are raised?

There are no easy answers to these questions, and you may not be able to get everything you want. But divorce attorneys are skilled negotiators who can push for the best possible outcome in your case.

What Should I Do Before Filing for Divorce in Tega Cay?

Here are a few steps to take before you file for divorce:

• Check to see if you meet South Carolina’s residency requirements.
• Make copies of all your important documents, such as bank statements, tax records, pay stubs, property deeds, loan agreements, etc.
• Figure out where you (and your children, if applicable) will live in the short term after filing for divorce, especially if you plan on moving out of your marital home.
• Talk to a trusted friend or family member about your reasons for getting a divorce and set some goals to guide you through the process.

Contact a Tega Cay Divorce Lawyer Today

Ending a marriage is a personal choice, and you deserve personalized legal help if you’re making divorce-related decisions in South Carolina. A Tega Cay divorce lawyer from the law firm of McKinney, Tucker & Lemel, LLC will provide compassionate support for you during this challenging time. We’ll help you develop a strategy to ensure the smoothest transition possible for you and your family.

Whether you are dealing with a contested divorce or a less complicated no-fault divorce, our legal team will review your case so no stone is left unturned as you begin the next chapter of your life. We can work to reach an acceptable out-of-court settlement or represent you in court, depending on your needs and wishes.

Call us or contact us now for a consultation.