divorce settlements

Divorce

A divorce is an emotionally draining experience for both spouses. It is also an extremely difficult experience for the children.   In the end, however, a divorce may be the best means for you to regain control of your life and happiness. Our experienced attorneys are keenly aware of the emotional issues that are present in divorces. They are also familiar with the various financial and other complex issues that arise in both simple and complicated divorces. Our attorneys assist you and work with you, so that you do not feel you are going through this process alone.

Although each divorce is different, there are some basic concepts of laws that remain the same. First, there are five grounds for divorce in South Carolina:

  1. adultery;
  2. habitual drunkenness;
  3. physical cruelty;
  4. desertion; and
  5. continuous separation for a period of more than one year.

S.C. Code Ann. § 20-3-10 (1976).  Either party may be awarded a divorce on one or more of these grounds.  The first four grounds are fault-based grounds. Regardless of whether you qualify for a fault-based divorce, you may still seek a divorce based on the no-fault ground of continuous separation for more than a period of one year. To obtain a divorce on this ground, the parties must actually be separated – living separate and apart – for one year.

Second, during the divorce process, the marital estate will be divided. In addition, issues of child custody, support and alimony, and any other issues pertinent to the marriage, will be resolved. These issues may be resolved on a temporary basis during the divorce proceeding and then will be resolved permanently at the end of the divorce. Our skilled divorce attorneys can help ou in negotiating and settling these issues on a temporary and permanent basis.

Third, in any contested matrimonial action, any divorce where the parties cannot settle before trial, mediation is required by the State of South Carolina. The purpose of mediation is to assist the parties in resolving the issues that have been raised during the divorce without the need for a trial. Most cases settle either at mediation or in other settlement discussions. As a last resort, the parties go to trial and present their respective cases to a judge.

It is imperative that you have an experienced divorce attorney to guide you through the divorce process to ensure your rights are protected. At Grand Strand Law Group, you will receive personal attention aimed at resolving your case with as little interruption to your life as possible.

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