Divorce Law in Charleston South Carolina:

In South Carolina, a divorce may be obtained on “fault” or “no-fault” grounds according to the divorce law in Charleston, South Carolina:

(1) No Fault: South Carolina statutes provide that a divorce can be granted upon a finding that the Husband and Wife have lived separate and apart, without cohabitation, for a period of one year.

(2) Fault: Requires a finding that a party has:

(a) committed adultery (adultery);
(b) deserted the other party for a period of one year (desertion);
(c) physically abused the other party (physical cruelty; or
(d) been habitually drunk or on drugs (habitual drunkenness)

If fault grounds are established, a party may be entitled to a divorce from the other party within three months from the date of filing for the divorce. If a divorce is pursued on no-fault grounds, the spouses must be separated for a year before filing for the divorce according to divorce law in Charleston, South Carolina.

Child Custody:

The issue of child custody arises when a Husband and Wife separate or divorce according to South Carolina law. There are two basic types of legal custody, sole custody and joint custody. The judge considers the “best interests” of the child when making a custody determination. Factors a court may consider in determining the “best interests” of the child include:

• The relative fitness of each parent
• Who is the primary caretaker of the child
• The amount of time a parent can spend with the child
• Education and parenting skills of each parent
• Each parent’s conduct (immoral or illegal)
• Resources and attributes of each parent

No one factor, alone, will solely determine the custody of a child. Rather, the judge, with the assistance of a court-appointed guardian ad litem, will consider all the facts and circumstances surrounding the case before making a determination. Our firm has experience working cases with child custody and divorce law in Charleston South Carolina and we can assist you with our professional service regarding these matters.

Child Support:

The amount of child support to be paid by the non-custodial parent is governed by statute and based upon the South Carolina Child Support Guidelines. The Guidelines are based on the gross income of each parent and take into consideration other expenses for the children (for example, day care expenses, payment of medical insurance, and the existence of other children from a previous relationship in the home). Except in unusual circumstances, the guidelines do not consider the actual living expenses of each parent (cost of home or apartment, utilities, etc.). Child support can be paid directly to the custodial parent or indirectly to the custodial parent through the Family Court. Failure to timely pay child support can subject a parent to the contempt powers of the court, including fines and even jail time. We are available for consultation and can assist you with any child support or divorce law in Charleston South Carolina questions that you may have.

Equitable Distribution:

Equitable distribution involves identifying assets (house, cars, personal property) acquired during the marriage and dividing the assets fairly between the parties. As a general rule, property acquired prior to the marriage is not subject to distribution; however, the existence of non-marital property may affect an equitable distribution. According to divorce law in Charleston South Carolina there are factors the court may consider in equitable distribution which include:

• Length of marriage
• Marital and non-marital assets
• Misconduct of either party
• Child custody
• Income of each spouse

Spousal Support:

A grant of spousal support/ alimony is the means by which the court may ensure that a spouse maintains the same or similar standard of living that he/she enjoyed during the marriage. Understanding divorce laws in South Carolina there are several types of spousal support/alimony which include:

• Permanent alimony
• Lump sum alimony
• Rehabilitative alimony
• Reimbursement alimony

Factors involved in an award of spousal support/alimony include:

• Duration of the marriage
• Standard of living during the marriage
• Spouse’s need for additional education/training to support himself/herself
• Spouse’s income and ability to pay alimony
• Misconduct of spouse

Adoption:

The procedures for adoption are complicated and strictly regulated by statute. Adoption proceedings often occur in conjunction with proceedings for Termination of Parental Rights. The regulations differ depending on the relationship of the prospective parent to the child, for example, a court may waive certain requirements when the prospective parent is already the child’s stepparent. To grant an adoption, the court needs to find that the adoption is in the best interests of the child. The court will appoint a guardian ad litem to represent the interests of the child in the adoption proceedings.

Paternity:

The issue of paternity arises when a man or a woman is not certain that the man is the father of a particular child. The mother or father can request a paternity test. The test is usually conducted by taking a sample from the mouth or by a blood test. If paternity is established, the man is bestowed with all the legal rights and responsibilities of a father, including the right to request custody or visitation and the duty to pay child support.

Name Change:

Prior to 2002, the process for obtaining a name change was fairly straightforward. Due, in part, to enhanced security around the country, the process for obtaining a legal name change has become much more complicated. If a woman desires to go back to her maiden name pursuant to a divorce action, that request may be pled in the divorce action and is generally granted as a matter of course. However, if the request if not made pursuant to a divorce, the court may require the following inquiries be made: criminal background check, DSS check (for abuse and neglect of children, fingerprint check, and sexual predator registry, and bankruptcy check).

Premarital/Prenuptial Agreements:

According to South Carolina law a premarital/prenuptial agreement is a contract entered into between two prospective spouses prior to their marriage. Most often, premarital agreements are tailored to protect one spouse who has significant assets prior to the marriage to make certain that, in the event of a divorce, the other spouse will have no claim to said assets. There is little case law in South Carolina regarding premarital agreements, and questions remain regarding their enforceability.

Other Family Law Matters:

This law firm also handles the following matters: Relocation (by custodial parent when there is a custody order in effect), modification (of an existing custody order), Rule to Show Cause (for violation of a court order), enforcement actions, emergency actions, DSS cases, guardian ad litem appointments, bench warrants (for failure to pay child support). We can handle almost any case that deals with divorce law in Charleston South Carolina as well.