Our Charleston Divorce Lawyer Can Help Guide You Through the Divorce Process.
For anyone having serious marital problems and thinking of separation, the first step is to speak with an experienced Charleston divorce lawyer to discuss your legal options. Dell Family Law has the background and resources to help you evaluate your choices around separation and divorce, and the types of divorce available. We understand how difficult this process can be and will guide you in making the legal and financial decisions that you are facing.
No-Fault Divorce in South Carolina
Couples that have been living apart for a year or more may file for a “no-fault” divorce, meaning that there is no requirement to show grounds or reason for divorce. With a no-fault divorce, couples may also be able to file a “simple” or uncontested divorce, which carries a few other requirements including:
- Both spouses must meet the South Carolina residency requirements;
- There is no dispute about how to handle marital property and debts; and
- There is an agreement on child custody, visitation and support.
Obviously, this is the ideal divorce scenario, but in many cases divorce will be more complex and contentious. If you have not separated from your spouse and still live together, then there is another avenue to seek a divorce in South Carolina.
Fault Divorce Requiring Marital Misconduct
If you have not been separated for a year, then you will have to show one of four types of misconduct by your spouse to seek a fault divorce:
- Adultery – Defined as sexual relations with a third person, and proven by demonstrating that there has been an opportunity to engage in sexual behavior and that two people would be inclined to do so.
- Desertion – If one spouse simply leaves without reason or without the consent of the other, and is absent for more than a year, that may be grounds for divorce.
- Physical Cruelty – Generally defined as violence that is a danger to one’s life or safety, but it does not include mental or emotional cruelty.
- Habitual Drunkenness – Regular use of alcohol or drugs that interferes with the marriage or finances may be grounds for divorce.
Your Charleston divorce lawyer at Dell Family Law can help evaluate whether you have grounds for a fault divorce. There are factual standards that you have to meet to prove each of these grounds, and we can determine if your situation would qualify for this type of divorce.
Please contact us so that we can discuss your case and possibly begin working on your behalf. Divorce is a significant step and will affect your future resources and access to your children, so you need experienced legal counsel at your side to protect your rights.