Divorce Attorney Near Me

Ending a marriage comes with a barrage of emotions, questions, and headaches as you deal with separating your life from your spouse’s. When you search for the right “Georgetown divorce attorney near me law firm,” you’re looking for a legal advocate through this difficult time who makes you feel comfortable and confident.

At Indigo Family Law, we are committed to understanding all aspects of your divorce case and ensuring you get the resources you deserve. We help you divide assets, manage child custody and support agreements, and finalize the divorce in a timely manner. Schedule a free initial consultation to learn more about our family law services and what we can do for you today. 

Why You Should Choose Indigo Law Firm

During a divorce, you may experience many ups and downs, which can make it harder to focus on what matters most. When you choose Indigo Family Law, we not only assess the legal details that affect your case, but we also listen to your concerns so we can understand your point of view. We provide integrity, honesty, and respect for every client.

With over 40 years of combined legal experience, attorneys Brana Williams and Ryan Stampfle depend on three principles:

1. Telling you exactly what to expect
2. Keeping you updated so you are not left wondering what is happening
3. Prioritizing your interests and those of your children

We all have families and have been through many of the same situations as our clients, so we can empathize with your circumstances. Our Georgetown divorce attorneys near you also bring a calm, logical influence to the proceedings to help you think clearly about your case. This allows us to help you analyze the good and the bad so you can make the right choice for your future. 

South Carolina Divorce Laws Are More Limited Than Other States

Under South Carolina law, you can file for divorce on grounds of drunkenness, adultery, desertion for over one year, or physical cruelty. It is also possible to pursue a no-fault divorce if you and your spouse have lived apart for at least one year, although the state does not formally recognize “separated” as a legal status. You are either married or you are not.

The state also requires that at least one spouse be an SC resident for a minimum of one year before you file for divorce. Once you file, you must wait at least 90 days for a final decree, no matter how simple or amicable the divorce is. However, most divorces take longer because the parties must disclose financial holdings and agree on child custody and support.

Our local divorce lawyers also work with couples who have established a common-law marriage and wish to end their relationship. While the state formerly recognized these arrangements, a South Carolina Supreme Court ruling eliminated the ability to form a common law marriage without a marriage certificate after June 2019. Even if you and your partner have been together for much longer, these legal concerns can significantly affect your decision to divorce. 

How Divorce Lawyers Near You Handle Child Custody and Child Support Arrangements

For those with children, custody and support arrangements are often the most difficult part of the divorce process. The family court judges always consider the children’s needs first, and we can help you put together parenting plans and custody arrangements that are more likely to receive court approval. This way, you can decide what happens with your children based on your family’s needs, rather than letting a judge choose. 

In South Carolina, the court assumes both parents want joint custody, unless there are circumstances that indicate one parent should have full custody. There are almost as many ways to arrange custody as there are families, and we can help you develop a plan that works for you. We also explain how the state calculates child support.

A divorce lawyer near you at Indigo Family Law will discuss your options calmly and compassionately, helping you come to a decision that works best for your children. We can keep the conversations focused on the future, instead of letting them get bogged down in old fights about what happened in the past. 

Child Custody Decisions

The state will consider many factors to determine which parent is the most fit when deciding child custody and visitation, such as:

• Who has been most often responsible for caring for each child
• Who makes most of the decisions for the children
• Who is best able to care for the children 
• Each parent’s age, health, income, and living situation
• Each child’s relationship with their parents
• The child’s preference, when the child is old enough, as determined by the court

The court may decide to award the family home to the parent who also receives primary physical custody, yet both parents retain legal custody. Legal custody allows a parent to be part of decisions regarding the health, education, and religious upbringing of their children. In situations where domestic violence is a concern, South Carolina law allows one parent to receive full physical and legal custody, while the other parent has limited or no visitation rights. 

Child Support

One of the most common areas of disagreement during divorce is concerning child support. Parents are either the payee (receiving payments) or the payor (making payments), and often payors feel the amount is unfair. They may feel the other parent is undeserving, but it is important to remember that child support is reimbursement to the custodial parent for food, clothing, and housing expenses they have already incurred while caring for the children.

The court will examine how much each parent makes, their earning capacity, other child support payments, and related factors to arrive at a payment figure. The Department of Social Services Child Support Services Division (CSSD) manages payment transactions and compliance once a family court issues a child support order. Indigo Family Law’s divorce lawyers near you can push to secure a fair order, whether you are a payor or payee. 

Spousal Support (Alimony)

A spouse may request spousal support (formerly known as alimony) during divorce if they have little ability to earn and support themselves. This often happens when one person focuses on managing the children and home, putting their career and education on hold while the other spouse moves forward as the primary breadwinner. Parents who receive full custody of the children may also need alimony for their personal expenses along with child support.

Typically, spousal support requests happen when there is a significant difference in income, assets, or earning ability between the individuals. If a spouse stayed home and is accustomed to a comfortable lifestyle, they may ask for alimony to maintain that level after divorce. These can be some of the most difficult negotiations, so it is critical to have tenacious and experienced divorce attorneys at your side. 

We Strive to Reduce the Complications of Dividing Property and Other Assets

According to the South Carolina Judicial Department, there are about 20,000 divorces each year, and most marriages last close to 11 years. Untangling assets and finances is highly stressful, second only to figuring out arrangements for child custody and child support payments. If you and your spouse have only a few assets, it can speed things up, but more complex divorces require closer examination.

Our divorce attorneys near you can collaborate with specialists in various fields to properly calculate the value for items such as:

• Art, furniture, jewelry, and collectibles
• Checking and savings accounts
• Digital currencies (crypto, etc.)
• Family businesses
• Stocks, investment accounts, retirement accounts, and pensions
• Real estate
• Vehicles, including cars, boats, planes, RVs, and farm equipment

In some instances, you may need help from a forensic accountant to identify hidden assets. It is also essential to inventory all debts and liabilities so they are divided fairly. This can help you avoid being saddled with the consequences of your spouse’s poor money management skills. In South Carolina, property is divided in a fair and equitable manner, which does not always equal a 50/50 split.

Separate Property vs. Marital Property

Fair and equitable division may not always feel that way, and another element is determining what is separate property and what is marital. In many instances, couples with homes or other possessions before they are married will craft prenuptial agreements to protect what they are bringing into the union. To verify that something is separate property, you will likely need to provide documents showing the trail of ownership.

Separate Property

If you fully possessed an asset (including money) in your own name before you were married, it is considered separate. The catch is you must not put your spouse’s name on it or pay for it using money from joint (commingled) accounts. If you own your own home before marrying, but add your spouse’s name to the deed or pay the mortgage from your shared account, then it becomes marital property, making it eligible for division.

As long as you keep the item in your name, it’s yours when you divorce. You can also claim inherited items or money, personal injury settlements, or lottery winnings as separate property. Once again, you must keep it in your name only or in a separate account that your spouse never uses. 

Marital Property

Most property a couple owns or receives during their marriage is considered marital property, including homes, cars, and income. Many businesses will also be marital property, even if one spouse started it before getting married. If the other spouse puts in effort, time, or money to build the company, they can petition the court for their share of its value during divorce.

If you have a prenuptial agreement that dictates how you wish to divide your property in a divorce, the court considers that above the fair and equitable rule; however, other considerations may apply if the division of property is grossly unfair or unconscionable. Not every marital agreement will hold up, and your Georgetown divorce attorney near you at Indigo Family Law can review your prenup to determine if it is legally sound. 

You Also Need to Divide Debts Fairly

Suppose you are seeking a divorce based on abandonment, during which your spouse accrued tremendous credit card debt and other liabilities. They might claim you should divide the debt equally, but you do not want to shoulder this unfair burden. With help from our skilled divorce attorneys near you, you can fight back.

Many marriages end over differences in how each party spends or manages money, and divorce can be a way of getting free from someone else’s bad decisions. We negotiate firmly with your spouse’s legal counsel to establish who took on the debt and how best to divide it fairly. We can also work to limit your liability for tax burdens, fees, liens, and other concerns. 

We Are More Than a Divorce Attorney Near Me Family Law Firm

After coming to this practice from unconventional career paths, our founding attorneys, Brana Williams and Ryan Stampfle, believe in providing more than high-quality legal advice. They help you face unexpected challenges and adapt to difficulties during your divorce case. When the conversations get emotional, we are there to keep things calm and focused on moving forward.

Beyond managing your divorce, we also focus on building long-term relationships with our clients as they encounter other family matters. We can partner with you to modify child support orders, prepare estate plans, and craft marital agreements when you remarry. Just because your case is closed does not mean you are closed to us.

Hire a Georgetown Divorce Attorney Near Me Law Firm from Indigo Family Law

Rather than adding to your stress and worry during divorce, speak with a divorce attorney from Indigo Family Law to help you overcome the obstacles that could negatively affect your future. No matter how you feel about ending your marriage, you need trustworthy and competent professionals supporting you every step of the way. When your case is done, we are still there to help you step into your new life.

Meet with our team to discuss your divorce and get the guidance you need. We keep you updated at all times, represent you in court appearances and negotiations, and prioritize what is most important to you. Use our online form to schedule a confidential consultation and get started today.