Columbia Same-Sex Divorce Lawyer

Columbia Same-Sex Divorce Attorney

If you are considering a divorce in Columbia, South Carolina, and you need a safe space to talk about divorce confidentially, reach out to a local divorce attorney from our firm. Our compassionate legal team can assist with same-sex divorce and is committed to upholding our clients’ rights throughout the process. Contact an experienced Columbia same-sex divorce lawyer to discuss your available legal options.

Why Choose Us?

At the Law Office of Charles T. Brooks III, we can provide a space to confidentially discuss your divorce rights and potential dissolution options. Our team is LGBTQ-friendly, and we’ve handled a wide variety of divorce cases. We’ve provided high-quality family law representation throughout South Carolina since 1996.

Whether you live in Old Shandon or Elmwood Park, we are here to answer your important divorce questions. We can help if you are considering your dissolution options or responding to divorce paperwork.

Same-Sex Divorce Basics

As of 2025, same-sex couples in South Carolina seeking a divorce must follow the same guidelines set for heterosexual couples. There are state residency requirements and rules for a separation period worth discussing with a Columbia same-sex divorce attorney.

Divorce Agreement Unnecessary

Your spouse does not have to agree to the divorce. As long as you meet the requirements for our state and want to move forward with a divorce, you can file, and your spouse doesn’t need to agree. If you file, your spouse doesn’t have to sign, prepare, or file any paperwork with the court. They don’t even have to go to court for your divorce hearing. However, you must provide proper legal notice of your divorce proceedings. An attorney can help prepare your paperwork and serve your spouse.

Divorce Hearings

In order to finalize a divorce, you must go before a judge. Simple, uncontested divorce hearings are typically very quick. At a hearing, you explain under oath your divorce eligibility, and then a judge provides you with a copy of your divorce judgment.

Again, your spouse cannot prevent you from seeking a divorce, even if they don’t agree to end the marriage. They can dispute the divorce terms, and when this happens, it is considered a contested divorce. In a South Carolina contested divorce, the court hears evidence and makes determinations about divorce terms. The court may make decisions about unresolved issues such as alimony, child custody, and property division.

With a contested divorce, it is especially important to hire an attorney who can present your divorce terms effectively. Your attorney can passionately protect your interests and vocalize your divorce goals to the court.

Division of Marital Assets

Property is typically divided equitably, which aims for a fair, but not necessarily equal, division of marital assets. In general, both assets and debts that either spouse had before the marriage are considered separate property belonging individually to that spouse and are typically not divided. Assets and debts acquired during a marriage are then considered marital property.

As of 2023, we had over 9,800 same-sex couples who called South Carolina home. Given this small population, it can be difficult to find a trustworthy attorney familiar with same-sex divorces. You can contact the team at the Law Office of Charles T. Brooks III, as we have a deep understanding of the ever-changing same-sex marriage and divorce laws.

We have a reputation at the Richland County Family Court for zealously representing our family law clients. Contact us about our legal services specific to same-sex couples and their families.

FAQs

Q: Who Is Entitled to Spousal Support in South Carolina?

A: In South Carolina, dependent spouses are entitled to receive alimony, or spousal support. Dependent spouses are those who are dependent financially on the support of their spouse. Either spouse can be a dependent or supporting spouse. Our state doesn’t use a formula to determine the amount of spousal support a dependent spouse may receive. After reviewing the case facts, a judge sets an amount of alimony. Contact our office to discuss spousal support in the context of same-sex union dissolution.

Q: Does Cheating Affect Spousal Support?

A: Under South Carolina law, illicit sexual behavior typically impacts spousal support, or alimony. A supporting spouse who cheated on the dependent spouse before divorce typically pays alimony. A dependent spouse who cheated on the supporting spouse before a divorce usually loses alimony payments.

If both parties cheated, the judge has discretion to determine whether they will order spousal support payments and whether the cheating was forgiven. Contact an attorney to protect your alimony rights.

Q: What Does it Cost to Hire a Same-Sex Divorce Lawyer in Columbia, SC?

A: Each lawyer handling same-sex divorces sets their own legal fee structure. These costs are usually based on the attorney’s experience level, the case complexity, and other case-specific factors that could impact costs. If you are considering hiring a specific attorney, set up an initial meeting to discuss their written fee agreement so there aren’t any surprises.

Reach out to the Law Office of Charles T. Brooks III to discuss our legal services and straightforward fee agreement.

Q: What Questions Should I Ask a Columbia Same-Sex Divorce Lawyer?

A: When interviewing a same-sex divorce lawyer, there are many questions to ask, such as:

• Have you handled same-sex divorce cases before?
• Are you familiar with their unique potential legal challenges?
• Are you familiar with the legal requirements for same-sex couples who have children, including adoption and paternity?
• What is your client communication style?

An attorney should provide answers that provide you with confidence in their abilities.

Hire a Same-Sex Divorce Lawyer Serving Columbia – Call the Law Office of Charles T. Brooks III

When you need to hire a same-sex divorce lawyer serving South Carolina, call the Law Office of Charles T. Brooks III. Don’t try to handle a divorce alone. Our team can provide the necessary legal and emotional support and listen to your divorce goals.

We have experience handling same-sex divorce cases throughout the Columbia community. Contact us today to set up your initial consultation.