Compassionate Family Law Representation
For those experiencing marital crisis or family upheaval, we offer experienced and compassionate legal expertise to help you navigate treacherous and emotional waters often encountered by those involved in Family Court matters.
Grounds for Divorce in South Carolina
In South Carolina, there are five grounds for divorce. The proof needed to allow the Court to grant a divorce on one of these five reasons depends on your circumstances. The lawyer will ask you about your situation and advise you about your case.
Five Grounds for Divorce in South Carolina:
- Separation for One Year: "No fault divorce" - separation of the spouses for at least one year
- Adultery: Testimony from a third party may be required
- Physical Cruelty: Evidence of physical abuse or cruelty
- Habitual Drunkenness: Alcohol or narcotic drug abuse
- Desertion: Must be continuous for one year
Note: State law requires that a Family Court Judge make a specific finding that reconciliation is not possible before the Judge can grant a divorce.
South Carolina Family Court Matters
In South Carolina, Family Courts handle all marital litigation. The Family Courts decide whether to grant a divorce; issues of custody and support (child support and alimony); and equitable division of marital property. Family Courts can grant a request to allow a person to resume use of a maiden or previous name.
Divorce
Dissolution of marriage and all related issues
Child Custody
Physical and legal custody arrangements
Child Support
Financial support for minor children
Alimony
Spousal support and maintenance
Property Division
Equitable distribution of marital assets
Visitation Rights
Parenting time schedules and arrangements
Separation Agreements
Legal separation and support arrangements
Adoption
Legal adoption proceedings
Name Changes
Legal name changes for adults and children
Separate Maintenance and Support
When you and your spouse have separated but do not have grounds for divorce, you can apply to the Court for the right to live separate and apart. This is done through an action for "separate maintenance and support" which is a claim for spousal support. Family courts also handle separation actions, which may include: custody; visitation; support; and division of property.
Settlement vs. Litigation
By working together, spouses are often able to decide issues without Court intervention. When such an agreement is reached, the parties have settled their case. When a couple has settled their issues, their lawyers will present the agreement to the Court and request that the Judge approve the agreement. If the Court finds the agreement fair, reasonable and voluntary, then the agreement will become an official Court Order.
If the spouses cannot agree on how to divide their marital property, the Family Court will make the decision for them. Marital property usually includes all assets or debts acquired during the marriage, with certain exceptions such as inherited property or gifts from outside the marriage. Your lawyer will advise you on what is considered marital property.
The Family Court Process
Steps in a Family Court Case:
- Service of Process: The process begins formally by the service of a Summons and Complaint
- Response Deadline: The Defendant has 30 days after being served to file a formal written response and to request any other relief
- Temporary Hearing: A temporary hearing will be held if there are any issues that must be decided before the final hearing
- Settlement Hearing: If the parties can settle their case, the Court holds an abbreviated hearing
- Trial: If the parties cannot settle, then each side can present evidence at a trial to show why the Court should grant the relief wanted
- Final Order: After the trial, the Judge will decide what relief should be given
Additional Family Court Services
Family Courts in South Carolina also govern adoptions, child support, child visitation, cases involving the Department of Social Services, juvenile criminal matters, and name changes for adults and children. Our Firm routinely assists clients in all of these areas.
- Adoptions (stepparent, private, agency)
- Child support establishment and modification
- Visitation and custody modifications
- Department of Social Services (DSS) cases
- Juvenile delinquency matters
- Grandparent visitation rights
- Paternity actions
- Contempt proceedings
- Post-divorce modifications
Our Approach to Family Law
We understand that family law matters are among the most emotionally challenging legal issues you may face. Our approach combines:
- Compassionate understanding of your situation
- Experienced legal guidance through complex family law
- Strong advocacy for your rights and your children's best interests
- Skilled negotiation to reach fair settlements when possible
- Aggressive courtroom representation when settlement is not achievable
- Practical advice to help you make informed decisions
- Support throughout the entire process
Need Help with a Family Law Matter?
If you have questions regarding any issues in Family Court, we would be happy to assist you. For more information on the process of a divorce or other family law matters, initial consultations are free.
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