Could Fault Be At Issue In A South Carolina Divorce?

No one ever expects to end up filing divorce papers when they tie the knot. But lives and circumstances change.

If considering divorce, it's important to note a few legalities regarding divorce and matters that may come in tandem with it.

In the State of South Carolina, couples who have been living separately for more than a year can file a no-fault divorce. Those who don't fit this criteria will need to provide grounds for getting a divorce. Substance abuse and adultery, for instance, are among the list of potential grounds.

Property Distribution

South Carolina also follows the law of equitable distribution when it comes to dividing property in a divorce. This means that property is divided fairly. Courts make a determination on a case-by-case basis, taking into account various factors.

Custody Matters

When it comes to determining child custody, courts never presume one parent over the other will get custody of the children. Such decisions are made based on the "best interests of the child." Like property division, each case is examined individually and courts will look at various factors when making a determination.

Child custody and visitation scheduled can also affect the amount of child support that must be paid, so these two issues must be considered together.

Legal Answers To Your Questions

If you need assistance with your divorce, our West Columbia attorneys have decades of experience practicing a wide range of legal matters. This is also a time to review any estate planning documents and beneficiary designations, which we can also assist with during our representation.

Our founding attorney, Carolyn B. Steigner, is also a certified mediator, a neutral third party trained in helping parties reach an agreement to family law matters.

We invite you to contact our office to schedule a consult with one of our lawyers to discuss your divorce. Call 803-200-2937 or send our team an email.