The Gillen Law Firm Knows that Divorce is Never Easy

Considering a legal separation or divorce is always difficult.  There are a lot of factors involved in divorce proceedings, including child custody and financial responsibility. Whether you are sure you want to end your marriage or are still considering your options, it can be helpful to understand the basics of SC divorce law. South Carolina divorce laws are stricter than in other states. You can find some of the basic information about divorce or legal separation here on our web site. More specific questions about the law or your individual situation are best answered by an attorney familiar with divorce laws in the state.  To schedule a consultation, please call our Rock Hill office at (803) 327-1105.

Grounds for Divorce

Marriage is a legal contract between two individuals, and divorce is a method of terminating that contract. Ending this contract can become complicated by things such as child custody, child support, spousal support and division of assets/debts.

In many states, divorce can be granted simply at the will of one person involved in the marriage.  South Carolina, however, is very specific about what can be considered grounds for divorce.  Adultery, physical abuse or cruelty, habitual drug or alcohol abuse, or desertion for a year or more are the only grounds on which divorce are granted in South Carolina.  In addition, if none of those grounds apply, the state will grant a divorce if the husband and wife have lived apart for a period of one year and one of them asks for a divorce.

Divorce Litigation

Child custody, spousal support (alimony) and property division are important matters that must be settled before any divorce can be completed.  When the husband and wife cannot agree upon these issues, mediation or litigation may be used to settle disputes.

Ownership Rights and Division of Property

If property ownership is in dispute, family courts in the state of South Carolina must consider certain factors by law in deciding how to distribute property. Among the factors are the length of the marriage, child custody arrangements and spousal earning power.  In general, any property purchased during the marriage is considered joint property and will fall under the courts authority to divide equitably if no decision can be reached between the husband and wife.

Please call our Rock Hill office (803) 327-1105 to schedule a consultation.