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Divorce, Family Law and Criminal Law

Rock Hill Divorce Lawyer

Couple that are wondering about divorce laws in south carolina

If you are facing a divorce, you need a divorce lawyer because divorce laws in South Carolina can be confusing and complex. Divorce may require proving fault, equitable distribution of assets, spousal support, child custody/visitation decisions and child support. Each person who comes to us looking for guidance has their own set of circumstances that may add further complications. Whether you believe your divorce will be simple or complex, Nathan Sheldon has the experience to help guide you through the legal process. He will provide clear advice during a time of emotional stress.

Call 803-504-3411 now to schedule your consultation.

South Carolina Divorce Laws

There are no “quickie” divorces in South Carolina. In South Carolina a divorce can be granted on a “fault” or “no fault” basis. A judge may determine “fault” by one person based on the following reasons:

  • adultery
  • physical abuse or cruelty
  • habitual drug or alcohol abuse
  • desertion for a year or more.

Proving these grounds for divorce can be difficult. Courts often require more than just an admission by one spouse. Instead, they often require 3rd party evidence for adultery or multiple incidents to show a pattern of abuse or cruelty. Having an experienced divorce attorney on your side can help with decisions on whether to claim one of these grounds in court.

Family courts grant “No fault” divorces after the couple lives apart for one year. You can read the South Carolina Divorce Laws on the Statehouse website.

While completing a divorce can take some time, when you’ve been served with divorce papers, you have a limited amount of time to respond to anything your spouse has filed with the court.

Legal Matters Involved in Divorce

Legal Issues involved in Divorce

Before a divorce can be finalized there are often a number of legal matters that need to be decided. These include:

In some cases, the separating spouses may be able to quickly come to an agreement. If not, determining an equitable solution will require mediation and possibly litigation. If your case requires mediation or litigation, it is important that you have an attorney working for you that has experience presenting your case before a mediator or family court judge. Nathan Sheldon is an experienced litigator you can count on when you and your spouse cannot reach an agreement.

Call to Consult a Rock Hill Divorce Lawyer

Call 803-504-3411 now to schedule your consultation.

Legal Separation in South Carolina

There is no legal separation in South Carolina. This can be confusing because of the requirement to live apart for one year. During that time a couple may agree on how to divide assets and other decisions involved in finalizing a divorce. Alternatively, judges issue an order of separate support and maintenance to cover things like child support, child custody and spousal support prior to the divorce being finalized.

If you have additional questions about legal separation, please call divorce lawyer Nathan J. Sheldon.

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