Conway Family Law Attorneys

For most people, family is what is most important to them. Because issues surrounding family are so personal, family law situations can quickly become complex and emotional. Many delicate issues are handled under the umbrella of family law.

Family law covers a wide range of topics. Sometimes these issues can be exciting, and other times they can be contentious. Regardless of the family issue you are facing, our family law lawyers in Conway are prepared to help you. We are skilled at handling many types of family law issues.

If you have a family law issue you need to be handled, it is important that you have an experienced Conway family law attorney to help you. Our attorneys at Indigo Family Law are professional, compassionate, and knowledgeable regarding the South Carolina laws that govern family law issues. We know the issues you are dealing with can have an enormous impact on your family, and we will work hard to get you a positive outcome.

Getting a Separation in Conway

In a legal separation in Conway, a married couple can separate their lives and assets without obtaining a divorce, making this a good option for couples who are on the fence about whether to divorce. In South Carolina, you cannot be legally separated unless you have a separation agreement that outlines the rights and obligations of each spouse during their separation period. You must live separate and apart from your spouse for one year before filing for a legal separation in Conway.

Getting a Divorce in Conway

Divorce is quite common, with nearly 44% of marriages in South Carolina ending in divorce. A divorce can be simple or complex, depending on your specific circumstances. It can also be full of emotion and incredibly stressful.

In South Carolina, a divorce can be uncontested or contested. In an uncontested divorce, both parties agree on the terms of their divorce and all related issues. There are three requirements you must meet to qualify for an uncontested divorce in Conway:

Residency: At least you or your spouse must have lived in South Carolina for a specified period of time. If you both live in the state, the spouse filing for divorce must have lived here for the past three months. If only one of you now lives in the state, that party must have lived here for a year before filing for divorce.

Separation for a year: As with a separation, you must live separate and apart from your spouse for a year before you can file for an uncontested divorce in South Carolina. Keep in mind that you must live in a completely different residence than your spouse and not just sleep in separate bedrooms. You must also file on the no-fault ground.

Agreement on issues: You and your spouse must agree on all issues in your divorce. Common issues include the separation of your marital property and debts and the custody, visitation, and child support relating to your children. Both spouses must waive alimony to qualify for an uncontested divorce.

In a contested divorce, you and your spouse are unable to agree on the terms of your divorce. In addition to separation for one year, the other grounds for divorce in South Carolina include adultery, desertion for a one-year period, physical cruelty, and habitual drunkenness or drug addiction. There are often children, marital property, and assets involved in contested divorces. Common issues our family law attorneys in Conway can handle in your divorce include:

Child Custody and Visitation

Most parents want what is best for their children. This is why in a divorce, it is difficult to determine which parent should have the children during certain periods. Coming to an agreement on a custody and visitation schedule is an enormous challenge for many divorcing couples, making the involvement of an experienced Conway family lawyer necessary.

In a South Carolina divorce, legal custody and physical custody of the children must be determined. Legal custody refers to which parent has the final authority regarding decisions such as schooling, medical care, and religion. Physical custody refers to the location in which the child lives.

Regardless of which parent has legal or physical custody, both parents are allowed visitation with the children. Neither parent is allowed to prevent the other from visiting their children without a court order. While it is ideal to jointly establish a visitation and custody arrangement that both parties are satisfied with, sometimes this just is not possible, and the help of a family law attorney in Conway is required.

Child Support

Child support is often another highly disputed topic in contested divorces. In South Carolina, there are guidelines provided to parents outlining what each parent is responsible for paying toward the children’s daily care, food, clothing, education, and medical expenses. The amount a parent pays for child support is usually based on the custody arrangement in place and varies based on the parents’ incomes.

Alimony

Alimony is what one spouse pays to the other after they are divorced. It is often paid to help support a spouse who was financially dependent on the other during their marriage. Alimony can be awarded on a temporary basis or can continue indefinitely.

Determining the amount of alimony a spouse must pay is up to the family court judge. They will consider several factors, such as the length of the marriage, the parties’ earning potential, and marital misconduct, such as adultery. No one who is involved in an extramarital affair or is cohabitating with a romantic partner is entitled to receive alimony in South Carolina.

Property and Debt Division

When you file for divorce in Conway, both spouses are required to disclose all their assets and debts. These assets and debts are divided into marital property and separate property. Marital property is that which was acquired during the marriage, and separate property is that which each spouse had prior to the marriage or was gifted by someone else.

If the parties cannot agree on the equitable distribution of their property, a family court judge will rule on how the property should be divided. As with alimony, factors such as the duration of the marriage and any misconduct of the parties are considered. A family law attorney in Conway can help you negotiate creative solutions that may be agreeable to you and your spouse.

Business Division

A contested divorce can be especially complex if you and your spouse own a business together. In this instance, you likely need to have a business valuation completed to determine how much the business’s worth increased during your marriage. Again, if the two of you cannot reach an agreement on how the business should be equitably divided, a judge will make a determination that may include forcing you to sell the business.

Our skilled family law attorneys at Indigo Family Law understand the complexities that can accompany divorce. We stay up to date on the laws governing family law issues in South Carolina. No one should go through tumultuous family changes on their own without the help of a Conway family lawyer.

Steps in a Conway Family Law Divorce Case

If you are considering divorce in South Carolina, you should be aware of the common steps in the process. The following steps are customary for most Conway divorces:

Meet with a family lawyer in Conway: Divorce in South Carolina can be extremely complex. It is important to consult with a family attorney at Indigo Law Firm to review the options you have that will best serve your family. We can help you determine how to proceed with your family law case.

Collect your financial information: Gather your bank statements, tax returns, and paycheck stubs. You will need to provide these documents to your family lawyer. We will then ensure the court gets the information needed to process your divorce without unnecessary delay.

File your divorce complaint: To begin divorce proceedings, one spouse must file a summons and complaint with the court. The complaint must identify the grounds on which you are filing and what you are requesting regarding child custody, division of property, alimony, and any other issues that pertain to you. To file on any ground except one year’s separation, you must be able to demonstrate proof of what you are alleging.

Have your spouse served: Once your divorce complaint is filed, it needs to be served on your spouse. You must have an independent third party deliver your summons and complaint to your spouse – you cannot do it yourself. Once your spouse is served, they have 30 days to respond to the allegations in your complaint.

Negotiate a satisfactory settlement: While you are waiting for a hearing date, you may try to reach an agreement with your spouse on all outstanding issues. If you have retained our skilled family law attorneys at Indigo Family Law, we will do the negotiating on your behalf. Because of the emotions involved in divorce proceedings, it is not wise for you to communicate with your spouse directly about the contentious issues in your divorce complaint.

Attend mediation: In South Carolina, divorcing parties are required to participate in mediation if no settlement agreement can be reached. Mediation is when a neutral third party tries to assist you and your spouse in reaching a settlement agreement. If you reach an agreement during mediation, you will need to seek the court’s approval of your settlement and have your divorce finalized.

Go to trial: If you are unable to reach a settlement agreement, your case will proceed to trial, where you may call experts and other witnesses to testify on your behalf. You must have your divorce heard within 365 days of filing your complaint, or your case will be thrown out. At the end of your trial, the judge will make decisions regarding all outstanding issues and will finalize your divorce.

Adhere to the court’s orders: Once your divorce is finalized, both parties must follow what the court ruled regarding your contested issues. If one of you does not follow the court’s orders, you can be summoned back to court to explain your failure to adhere to the judge’s ruling. Not following a court’s order can result in community service, fines, or even imprisonment.

There is a lot of information to remember regarding divorce in South Carolina. Retaining a Conway family law attorney gives you the best possibility of reducing the anxiety a divorce can cause. Our family lawyers at Indigo Family Law are ready to fight for your rights and what is best for your family.

Other Family Law Issues in Conway

In addition to separation and divorce, our family law attorneys at Indigo Family Law handle other fields of family law as well. Our Conway family lawyers are experienced in the following areas:

Prenuptial agreements: Of course, no one gets married intending to later be divorced. However, sometimes marriage does not work out as planned, and divorce becomes the best option. Signing a prenuptial agreement can help reduce conflict during a separation or divorce, as it allows couples to exclude certain property from being considered marital property.

Postnuptial agreements: Like prenuptial agreements, postnuptial agreements allow married couples to determine how they will divide property and assets in a divorce. Postnuptial agreements are made after the couple is already married. Often, they are used to modify existing prenuptial agreements.

Adoptions: The most common types of adoption are adoption within the family and adoption outside of the family. Adoption within the family includes stepparent and grandparent adoptions. Adoptions outside the family can be domestic or foreign, open or closed, and can include single or multiple children of various ages.

Modifications: Sometimes, after your divorce is finalized, you may realize that child support, custody, or alimony needs to be changed due to various changes in circumstances. These changes usually require a court order. Our family law attorneys at Indigo Family Law can prepare and file the proper paperwork required to request a modification to your current arrangements.

Grandparents’ Rights: Grandparents may request custody of their grandchildren for a variety of reasons, including for the children’s safety. Transfers of custody can be voluntary, involuntary, or de facto, meaning you have been your grandchildren’s primary physical and financial caregiver for at least six months or one year, depending on their ages. A family lawyer in Conway can help investigate your situation and determine whether you have sufficient grounds to petition the court for custody of your grandchildren.

Paternity: There are four ways South Carolina law labels fatherhood. These categories include presumed father, acknowledged father, unwed father, and stepfather. There are many reasons you may need to prove or disprove your paternity, and our family law attorneys at Indigo Family Law can help you understand what you need to do legally to meet your fatherhood goal.

As shown, there are many reasons why you may need the help of a Conway family lawyer. Whatever those reasons, our experienced attorneys at Indigo Family Law are prepared to help you do what is best for your family.

Get Help from a Conway Family Law Attorney Today

Family law issues are often emotional and stressful. Most of them will have a dramatic impact on your family. Schedule a consultation with our experienced family law attorneys at Indigo Law Group today for peace of mind regarding the legal situations your family is facing.