Orangeburg Divorce Lawyer

Orangeburg Divorce Attorney

Getting divorced can present emotional, financial, and legal issues that touch almost every area of your life. While there is no way to completely prepare for divorce, learning about South Carolina divorce laws and the legal process can help you understand what to expect and how an Orangeburg divorce lawyer can help. Divorce involves a number of issues, including property division, child custody, support issues, and long-term financial planning.

For many families living near Orangeburg’s historic downtown, neighborhoods surrounding Magnolia Street, and areas near South Carolina State University and Claflin University, divorce and family law disputes can create life-changing challenges that are often resolved through the Orangeburg Family Court system.

About the Law Office of Charles T. Brooks III

At the Law Office of Charles T. Brooks III, we have been serving clients in Sumter, Orangeburg, Camden, Florence, Charleston, Columbia, Manning, and other South Carolina communities since 1996. We understand that each family is unique and provide personalized attention to help you reach your goals.

Our practice focuses on family law issues such as divorce, custody, child support, and alimony. We also represent clients in criminal defense and personal injury matters. You can expect responsive communication, clear information, and skilled legal representation from our firm.

Divorce Laws in South Carolina

South Carolina had a marriage rate of 6.2 per 1,000 population and a divorce rate of 2.2 per 1,000 according to the Centers for Disease Control and Prevention.

South Carolina allows for both fault and no-fault divorce. One of the most common grounds for no-fault divorce is living separate and apart for one year. If a couple wishes to divorce based on no-fault grounds, they must live separately for at least one year without reconciling and then file for divorce.

The fault-based grounds for divorce in South Carolina include adultery, habitual drunkenness, physical cruelty, and desertion. Fault may be raised in some divorce cases, and marital misconduct could potentially impact alimony or property division issues.

In South Carolina, marital property is divided according to equitable distribution laws. The court divides marital property and debt equitably. Equitable does not necessarily mean equal. The court has the discretion to consider factors such as length of the marriage, each party’s financial resources, contributions to the marriage, and each party’s earning potential.

Issues in a Divorce Case

Divorce cases involve several different legal and financial issues that must be resolved before your marriage can legally end. Every situation is unique, but there are several issues that are common in many South Carolina divorce cases:

• Child custody. Determining who will have custody of your children is often the most important issue for parents. Courts in South Carolina decide custody issues based on the best interests of the child. Custody decisions are made based on a number of factors, including each parent’s relationship with the child, stability, living arrangements, and each parent’s ability to care for and support the child.
• Child support. Child support in South Carolina is typically calculated according to the South Carolina child support guidelines. To calculate a child support award, the court can consider each parent’s income, childcare expenses, health insurance expenses, and custodial arrangements.
• Alimony. In South Carolina, there are different types of alimony that the court may award, including temporary alimony, rehabilitative alimony, periodic alimony, and lump sum alimony. Factors that courts may consider when awarding alimony include the length of the marriage, employment history of the parties, financial resources, and the standard of living during the marriage.
• Property division. Property division during a divorce can become complicated when spouses own significant assets.

The Divorce Process

The first step in most divorce cases is for one of the spouses to file a complaint for divorce with the family court. The complaint is the legal document that starts the divorce case and outlines any issues that the filing spouse wants addressed by the court. Once the complaint has been filed with the court, the other spouse must be formally notified through service of process.

If your divorce case can’t be resolved through negotiation or mediation, it leads to a hearing or trial. During this phase of the divorce, both parties have an opportunity to present their case to the judge. Some couples seek divorce without hiring an Orangeburg divorce attorney and are able to reach an agreement on their own. Others hire a divorce lawyer who can help prepare the paperwork and negotiate on their behalf.

FAQs About Orangeburg, SC Divorce Laws

What Is the Biggest Mistake During a Divorce?

There are a few big mistakes people make, and their impact depends on the specifics surrounding your divorce. Many people make rash decisions during their divorce without thinking about the financial and legal repercussions that may occur years down the road. Others choose to hide assets, disobey court orders, make false social media posts, and sign unfair agreements just to get the divorce over with.

What Is a Spouse Entitled to in a Divorce in SC?

In South Carolina, a spouse may be entitled to an equitable division of marital property and marital debt. This means that marital property and debt that was acquired during the marriage is to be divided between the spouses in some manner determined to be fair by the court.

Some of the factors that courts may take into consideration when dividing assets include the length of the marriage, the incomes of the spouses, contributions to the marriage, and each spouse’s financial future.

What Disqualifies You From Alimony in SC?

South Carolina allows adultery to be considered when determining alimony. According to South Carolina law, adultery that occurs prior to a voluntary written property settlement agreement or before the entry of a final divorce order can bar a spouse from collecting alimony from the other spouse in many cases. The court can also consider financial independence, earning ability, length of marriage, and fault when determining alimony.

Who Gets the House in a South Carolina Divorce?

South Carolina doesn’t automatically award the marital home to one spouse or another. Instead, courts adhere to equitable distribution rules and consider several factors. These include who purchased the home and paid for it, how both spouses contributed financially, where the children live, and each spouse’s financial situation. One spouse may keep the marital home in exchange for relinquishing their right to other marital assets.

Hire an Orangeburg Divorce Lawyer from the Law Office of Charles T. Brooks III Today

At the Law Office of Charles T. Brooks III, we understand how personal a divorce can be. However, we can work on your behalf to advocate for a favorable outcome. Contact us today for a consultation.