Columbia Family Law Attorneys

What Are the Grounds for Divorce in South Carolina?

If you are pursuing divorce in the state of South Carolina, then you will need to ensure that you meet the necessary grounds (reasons) for divorce.

Our Divorce Lawyers in Columbia, SC

The experienced family law team of Columbia Family Law attorneys can work together to help you through each step of the legal process, whether you are located in Columbia or elsewhere in South Carolina. They understand the difficulty that you face and strive to provide the personalized representation you deserve.

What Are the Residency Requirements to Obtain a Divorce in South Carolina?

South Carolina also has residency requirements for divorce. If both spouses live in South Carolina, then the filing spouse must have lived in the state for at least three months prior to filing for divorce. If one spouse lives in a different state, then the filing spouse must have lived in South Carolina for at least one year prior to filing for divorce.

What Are the Requirements for a No-Fault Divorce in South Carolina?

For a no-fault divorce in South Carolina, you and your spouse must live separate and apart for at least one year.

Once you and your spouse have been living separate and apart for one year without cohabitation, there is no additional statutory waiting time between the date of filing and when your divorce can be finalized.

However, even if you and your spouse have not yet been separated for a year, you can still file for Separate Support and Maintenance to resolve all other issues until the one-year is up, such as child custody and visitation, child support, alimony/spousal support, division of assets and debts, and attorney’s fees and costs.

What are The Requirements of a Fault-Based Divorce in South Carolina

The following are grounds for fault-based divorce in South Carolina:

• Adultery
• Habitual drunkenness
• Habitual drug use
• Physical cruelty
• Desertion for more than one year

There is no requirement that spouses live separate and apart for one-year prior to filing for a fault-based divorce; however, there is a statutory waiting period of three months (or 90 days) from the date of filing until when the divorce can be finalized for all fault-based divorces.

The Family Law Attorneys at Finkel Law Firm can help you determine if you qualify for a fault-based or no-fault divorce.

Post-Divorce Litigation

When you get a divorce, you and your spouse will have an Order from the Court that lays out your responsibilities and obligations as part of the divorce, which can include how assets/debts are to be divided, child support, or alimony – among other things. This Order will often include a Final Decree of Divorce and sometimes even a Marital Settlement Agreement, which will be made part of the Court Order. As a Court Order, you are legally required to comply with the terms of the Order.

If a person refuses to abide by the court order by not paying alimony or child support, for example, a family law attorney can file an action to seek enforcement of and compliance with your existing order, as well as an award of attorney's fees.

Children of Unmarried Parents

A family law attorney in Columbia can also help you with the issues of paternity, child custody, child support, past due child support, visitation, settlement agreements, or a modification of these issues if children are born to unmarried parents. The Family Court of the State of South Carolina has jurisdiction over any issues affecting the interests of the minor children living in South Carolina.

Family Lawyers Serving South Carolina for 50+ Years Call (803) 470-0118

Dissolving the marriage of two individuals facing divorce is never a simple task. Not only is it a separation of the physical lives of two individuals, but it also involves the separation of legal and property rights involved in the marriage. Divorce can involve extensive pleadings and hearings, which is why you must ensure that your personal interests are adequately represented. Resolving property division issues, spousal support issues, and child-related issues often require the services offered by our South Carolina family law firm.

If you have children with your current spouse, some of the issues you may need to address include:

• Child support
• Child custody
• Alimony
• Property division

The decisions that you make during a divorce will affect your children's lives and your future. Because divorce is one of the most complex and most emotional legal situations, you should be sure to obtain the knowledgeable representation of our family law lawyers in Columbia, SC at Finkel Law Firm LLC. In addition to divorce, the team of domestic lawyers at Finkel Law Firm LLC is equipped to help clients address other issues that arise in the Family Courts of South Carolina.

Reasons to Choose Our Family Law Lawyers

• Respected law firm founded in 1970
• Attorneys selected for Best Lawyers® and Super Lawyers®
• BBB accredited law offices
• Proven team approach and personalized legal care