Addressing an issue in court about your family is far from ideal. Legal matters involving the family are personal. You need a family lawyer to help you navigate the complicated family law and help protect your privacy.

The Wilson Law Group is here to help guide you through sensitive family law issues. Our experienced attorneys handle family law matters, including divorces, child support, spousal support, custody, and domestic violence issues. We can help you fight for the best outcome in your case so you can begin to heal.  

Divorce Law

Sadly, many marriages end in divorce. Each state has its own rules for ending a marriage. South Carolina divorce laws and procedures are complicated. Still, you must follow these rules to the letter. Otherwise, a court may not grant your divorce or you may end up with less than your share of the marital assets. 

A spouse who files for divorce must state the legal reason for ending the marriage. This legal reason is called grounds for divorce. In South Carolina, the grounds for divorce include:

• Abandonment,
• Adultery,
• Habitual drunkenness,
• Physical cruelty, and
• Separation for more than a year.

The last ground, separation for more than a year, is South Carolina’s version of no-fault divorce. The other grounds hold one spouse responsible for the end of the marriage. A South Carolina divorce lawyer will be able to help you understand the grounds for a divorce.

A divorce case is a civil legal case. It begins with one spouse filing a petition. The other spouse must respond within 30 days. Parties may reach a settlement agreeing to all terms of the divorce, which is called an uncontested divorce. Otherwise,, they’ll have to go through depositions, document exchanges, and ultimately, a trial. A divorce attorney can help ensure that your rights are vigorously represented in your divorce.

Property and Asset Division

During a divorce, all marital property is divided between the spouses. Marital property is all property that the spouses acquire during the marriage. This includes real estate, cars, earnings, retirement accounts, and even debt. It does not matter if the property title is only in one spouse’s name. If a spouse acquired it during the marriage, it belongs to the marriage.

There are some exceptions. If a spouse received a gift or inheritance, this is considered their separate property. So too is property acquired before the marriage. 

In South Carolina, courts use equitable distribution to divide marital property. Equitable distribution does not mean that marital property is equally split; instead, a court or the couple decides on a fair distribution. A court looks at a variety of factors for a fair distribution. 

Speak with a divorce attorney to help negotiate a property distribution agreement.

Child Custody 

You may have issues regarding the custody of your children regardless of whether you are married. Child custody cases can be complicated and stressful. 

A court decides on child custody based on several factors. Primarily, the court will focus on an arrangement that is in the best interests of the children. A court may award the parties joint custody or grant primary custody to one parent and visitation with the other. 

Rather than going through an entire trial for custody, the parents can negotiate a parenting plan. A parenting plan describes custody arrangements in detail. A family attorney can help you negotiate a parenting plan and represent your interests in court.

Child Support 

The amount of child support largely depends on child custody of arrangements. Courts use several factors to calculate child support, including each parent’s income and how much time the children spend with them. For example, if one parent has primary custody, the other parent will most likely have to pay child support. You can estimate child support in South Carolina with the Department of Social Services child support calculator.

Spousal Support/Alimony

As a part of a divorce, a court may order that one spouse pay another spousal support, otherwise known as spousal maintenance or alimony. Spousal support may be temporary, lasting only while the divorce is pending, or permanent. A court will look at several factors to decide on whether one spouse should pay spousal support, such as:

• The length of the marriage, 
• The earning capacity of each spouse, 
• Child custody, 
• The age of the spouses,
• The educational and employment background of the spouses, and
• Other factors. 

South Carolina alimony laws prohibit a court from ordering one spouse to pay alimony to a spouse who has committed adultery. An experienced divorce attorney can help you navigate the spousal support laws. 

Domestic Violence

South Carolina family courts can help protect survivors of domestic violence. A person can petition the family court for a protective order if they have been abused by a spouse, a partner, a boyfriend or girlfriend, or another close relative. Under the law, abuse includes physical abuse, sexual abuse, and threats of abuse. 

You can apply for a protective order yourself directly with the family court. A protective order can prevent the other party from entering a shared residence or contacting the survivor. It may also provide for child support, custody, and visitation. A domestic violence attorney can help you prepare the petition and fight to get the order signed. 

Legal Separation

South Carolina does not recognize legal separation. Under the law, you are either married or not. There is nothing between the two. However, if you live apart from your spouse, you can petition the court for spousal support. You may also file a petitioner for child custody and support.

Contact Our South Carolina Family Lawyers Today

As you can see, South Carolina family laws are numerous and detailed. If you are trying to represent yourself, you may misunderstand something or miss a detail entirely. You need an experienced family attorney who knows the family laws and procedures. The Wilson Law Group is here for you. We represent clients in their family law matters throughout South Carolina. Call us today. Our family law consultations are $150.