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, financial responsibility and division of assets and debt. Whether you are sure you want to end your marriage or are still considering your options, it is helpful to understand the basics of SC divorce law. South Carolina divorce laws differ from most 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 a South Carolina divorce attorney. To schedule a consultation, please call our 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 without assigning “fault” to either party 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 divorces are granted in South Carolina. If none of those grounds apply, the state will grant a divorce only after the husband and wife have lived apart for a period of one year and one of them seeks a divorce through the court.
Child custody, spousal support (alimony) and property and debt 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 and debts. Among the possible factors the courts may consider are the length of the marriage, what property or assets acrued during the marriage, the source of funds used to purchase the property or asset, 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.
Call to Consult a Rock Hill Divorce Attorney
Please call our Rock Hill office (803) 327-1105 to schedule a consultation.