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The decision to file for divorce is never easy – and even the most amicable divorce proceedings can result in a world of hurt, confusion, and frustration. From dividing assets to determining child custody, every step in the process often proves gut-wrenching. But you don’t have to go through it all alone. By getting help from a divorce attorney in Anderson, it’s possible to reduce the stress and move through all the steps with ease. To help you get started, here’s a look at what you need to know about filing for divorce in South Carolina.
The state of South Carolina recognizes five grounds for divorce:
The courts do not recognize mental abuse or other causative factors as grounds for divorce. So, if your reason for divorcing does not fall under the first four categories, then a no fault divorce is the way to go. To do that, you’ll need to physically separate from your partner by living in different homes for at least one year.
When you hire a divorce lawyer in Upstate South Carolina, you’ll get all the help you need to move through these important steps:
Divorce proceedings legally end the marriage, first and foremost. Your lawyer will help you accurately fill out the paperwork needed to kickstart that process. Once it’s complete, they’ll file the documents with the court clerk and help serve the certified copies to your spouse. All along the way, your lawyer will help you understand just what to expect through each step.
During a divorce, you’ll need to fairly divide up all your assets and debts. Except in a few key circumstances, any inherited debts and assets held before the marriage are not eligible for division during divorce.
Unless you share all your debts and assets equally, the courts will look at many important factors in deciding how to divide them up, including:
To avoid any surprises during this process, look to your Anderson attorney for info about how your exact circumstances could impact the division of assets and debts.
Child custody matters must be resolved to fully end the marriage while honoring the child’s best interests. The courts will weigh each parent’s ability to fully care for the child to determine if they should award sole, joint, or divided custody. Then, they will work out the visitation arrangements as needed for the child’s overall wellbeing.
To file for divorce, you must complete the Summons and Complaint paperwork and turn it into the court clerk. The paperwork includes your wishes on how to divide assets and debts plus any necessary child custody arrangements.
Upon doing that, you’ll need to serve a certified copy of the paperwork to your spouse, so they can file an answer to the courts. Within their answer, they’ll also weigh in on how to handle all the pertinent matters in your case.
Unless there’s child custody involved, South Carolina courts only schedule a final divorce hearing. During this 15-minute hearing, the divorce aligns with the allowed grounds and is backed up by third-party testimony.
If you’d like help handling your divorce, it’s time to hire a skilled attorney in Anderson, South Carolina. To do that right away, just call 864-231-8090 to schedule a consultation with our team at White, Davis & White. We have the skills and experience needed to help you complete your divorce to your satisfaction. So, please feel free to reach out whenever you need our guidance and support.
*Civil & criminal consultations are free, the charge for family court consultations varies by attorney.
