Conway Divorce Lawyers
While no one likes the thought of planning for a divorce. The truth is, it often requires more care and preparation than many people spend on their wedding. When valuable assets are involved, individuals must exercise even more caution to ensure their interests are protected for themselves and their children.
With the experienced Conway divorce lawyers at Indigo Family Law, you can put your fears to rest. Our team is dedicated to providing top-quality legal guidance and representation in all aspects of the divorce process. We provide free initial consultations to understand more about your concerns and needs, then craft an approach tailored to your situation. Contact us to learn more about your options today.
Why Choose Indigo Law Firm for Your Conway Divorce Case?
Indigo Family Law prides itself on offering a combination of skill, integrity, and honesty in all our client dealings. Divorce proceedings can be uncomfortable for everyone involved, but we strive to keep all parties focused on their goals. This is especially critical when making decisions about child custody and support.
With multiple assets in a complex divorce, you also need advice on protecting them under South Carolina’s equitable division laws. Our divorce attorneys have an extensive background in all aspects of family law, successfully managing a wide range of cases for our clients.
Indigo Family Law gives each case the same dedication and attention to detail. Our clients depend on us to provide rational guidance during an emotional time in their lives. We make the divorce process as quick and painless as possible for you.
Divorce Is Very Common in South Carolina
In South Carolina, marriages have a median duration of almost 11 years. Although unions last longer than the national average of eight years, the South Carolina Judicial Department still records around 20,000 divorces in South Carolina yearly.
When you file for divorce, you may be caught off guard by the fact that there is no recognition of separation in South Carolina. You may also be concerned about how to manage a high-asset divorce to protect what you have built over your life. At Indigo Family Law, we can alleviate your concerns and give you a thorough understanding of how South Carolina divorce laws will apply to your case.
Your Complex Divorce Requires More Planning
A divorce proceeding is usually considered complex when it involves high-net-worth individuals dividing their marital assets. Complex cases also address decisions regarding how children will be supported and where they will live. Individuals in these situations often need help understanding how divorce will affect their interests, such as:
- Art or collectibles
- Checking and savings accounts
- Child support, visitation, and custody
- Debts such as loans, credit cards, and mortgages
- Digital currencies
- Family businesses
- Financial assets such as stocks and investment accounts
- Potentially hidden assets in other countries
- Primary residences
- Retirement accounts, such as 401Ks and pension funds
- Vacation or rental properties
- Vehicles, such as cars, RVs, boats, and planes
There are many factors and choices that affect how assets and liabilities will be divided in Conway, SC. A skilled divorce lawyer can analyze your net worth with the assistance of financial resources to value each item properly. Our team can help you make decisions more objectively to reach the most beneficial agreement for your needs.
Equitable Distribution and How It Affects Conway Divorce Cases
South Carolina is not a community property state, where assets are split down the middle. Instead, our laws mandate that property from a marriage undergo equitable distribution. This means you may or may not retain something that you consider exclusively yours, depending on when you acquired it and how it was owned during the marriage.
Assets and liabilities both fall under this law. One of the biggest concerns is dividing properties and any associated mortgages, tax liens, or other claims against their value. In many cases, the custodial parent is given the family home to maintain consistency for the children. However, when there are multiple homes at stake, or children are under joint physical custody, it can become very complicated to divide things equitably.
Equitable distribution is meant to reach a fair and equitable outcome, which is not the same as equal. To determine what is eligible for division, you and your divorce attorney must examine all assets and provide proof of separate property and marital property.
Separate property is defined as anything you possessed fully in only your name prior to the marriage. For example:
- A business you built
- A home you owned under your name only
- Antiques, collections, heirlooms, or other inherited items
- Your 401K or retirement fund
- Your individual checking or savings account
- Your personal car, truck, or other vehicle
If you owned these before the wedding and never commingled them with your spouse, they remain separate property. However, if you added your spouse’s name to any of these assets, they are then considered marital property and eligible for division.
Property that you receive during the marriage is not always marital. If you inherit or receive a gift of money that is given solely to you while you are wed, it remains separate property as long as you do not put it into a bank account you share with your partner. Your lawyer will review each asset and help you determine its status for your specific circumstances.
Marital property refers to anything you received or bought as a couple. If you purchased a new home or subsequent properties in both your names, it is marital property. If you win a lottery prize and deposit it in your joint savings account, it belongs to both of you and must be divided equitably.
Many people may own a business in their name only, yet their spouse spends years supporting the company and performing work to build it. This is considered “sweat equity” and can be used to claim the company as marital property. The court will consider factors such as the length of your marriage, the financial needs of each spouse, and each person’s contribution to the business.
The same is true for everything that is marital property. The court will also take into account any prenuptial or postnuptial agreements that are in effect for the union. Again, a qualified divorce lawyer can help you understand more about the equitable division of your assets.
Debts Are Also Eligible for Division
Most people worry about their assets and forget their financial obligations for student loans, mortgages, and other debts. When the couple divorces, the first spouse will need to ensure that they are not held responsible for the other person’s spending habits, even if they share a credit account. This can be difficult without the help of a tenacious and skilled divorce lawyer to demonstrate how to divide the debt equitably.
Alimony and Child Support for Divorce Cases in Conway, SC
Couples often disagree about alimony and child support. Even if it is clear which parent will retain physical custody of the children, working out the details of spousal support, visitation schedules, and child support payments can be complicated.
Alimony or Spousal Support
One spouse often manages the majority of childcare and may step back from their career for many years, negatively affecting their earning capacity. They usually cannot take on a full-time job with full custody of the children. In these cases, they may ask for spousal support.
Alimony is meant to balance out a large difference in income levels between the spouses, so the lower-earning partner can maintain the living standards they had during the relationship. You should factor in the length of the marriage, each spouse’s earning potential, and whether the support should be temporary or long-term.
Child support provides for the children’s food, shelter, and clothing. South Carolina courts will assess the non-custodial parent’s income and set appropriate payment amounts based on the children’s age, the custodial parent’s earning potential, and their actual income. When children are younger or have large healthcare expenses, more may be allotted to cover these costs.
Family Law Judges Will Ensure Your Agreement Is Fair
Ultimately, child support is paid to ensure the children have the food, shelter, and clothing they need for their health and well-being. State family courts put the children’s interests above all others when deciding on child support. Your best approach is to do the same when you and your partner are discussing the details of your custody and child support agreements.
Divorces can be emotional when it comes to money and taking care of kids. At Indigo Family Law, we understand how stressful these conversations can be. We help you stay calm and rational, working toward the fairest solution for your needs. Your divorce lawyer will help you craft the strongest agreement to take before the court so your family’s desires and requirements are clearly expressed.
Do I Need a Lawyer for a Divorce?
When couples divorce on amicable terms or do not have children, they may feel they can handle it themselves. Your spouse may even try to convince you it will go faster without involving attorneys. However, even the simplest divorce case can become complicated and messy.
It is vital to consider hiring a divorce lawyer as an investment in your future. Instead of discovering later on that your partner had hidden assets, your attorney can investigate their financial records thoroughly. Having a full understanding of what is at stake allows you to protect yourself, and our team is dedicated to working only for you.
Working with an accomplished divorce attorney helps you avoid unfair settlement offers or requests from your spouse. If you find you need amendments to your child support agreements in the years to come, we can assist you with ensuring those are adjusted for your needs as your children grow.
How Much Does a Divorce Attorney Cost?
For an uncontested divorce, you may be able to secure a fixed rate. However, the moment your spouse wants to change part of the agreement or have another lawyer review it, your divorce moves from uncontested to complex. These cases are paid on an hourly basis with an initial retainer, but those fees can save you a lot in the long run.
Of course, every case will be unique, and your final cost will depend on how much research and work is needed. At Indigo Law, we believe in making sure that your needs and those of your children are put first. We do not want you to have any unpleasant surprises in the future. We want you to have the resources you need to move on to the next chapter of your life.
How Indigo Family Law Can Help You During Your Divorce
You may be suffering from the emotional challenges of ending a marriage, for yourself and for your children. Allowing a professional take manage the problems of how to divide property can give you some mental relief.
The team at Indigo Family Law is committed to your well-being. We offer support and guidance for every step of the process through these services:
- We answer your questions about the law: Our team will listen to your concerns and help you understand how the law applies to your circumstances.
- We file the paperwork and meet all legal deadlines: There are rigid timeframes for filing your petition for divorce and others for completing the process. We ensure all your materials are correct and submitted on time.
- We manage the uncomfortable conversations: If your divorce is contentious, we can discuss matters with your spouse’s attorney rationally and calmly. We save you the stress of meetings that could turn volatile so we can make progress quickly.
- We stand by your side in court: You will need to appear in family court periodically, and we will educate you on what will happen. We also represent you before the judge so your interests are fully protected throughout the process.
Although divorce can be frustrating and upsetting, our attorneys and staff will be there to help you face this difficult time. We always tell you what to expect and stay in constant communication with you about your case. We understand not only the details of family law but the emotional burden you and your family are facing.
Speak With Our Conway Divorce Lawyers Today
Filing for divorce is frequently more complicated than most people expect. Instead of facing the legal details on your own, schedule a free consultation with the Conway divorce lawyers at Indigo Family Law. We will represent you in all meetings and court appearances, supporting you throughout the process.
Contact us to begin the next chapter of your life.
Conway Office Address
1119 3rd Ave. Suite A
Conway, SC 29526