Divorce Attorney Conway SC
The emotional toll of a divorce can leave you feeling adrift and alone. Marriages are complex legal relationships impacted by personal experiences that can cloud the journey ahead. A lot is at stake, and your decisions now will shape your future, which is why you need a divorce attorney serving Conway, SC.
At Indigo Family Law, our divorce attorney Conway SC law firm strives to be a calming presence, guiding you through a divorce while advocating for your best interests. A divorce attorney with our firm can offer the solid foundation you need to move confidently forward. Our honest, straightforward approach prepares you for the road ahead by carefully considering a divorce’s impact on your family.
Our Conway Divorce Attorneys Prepare You for Life’s Challenges
Our team’s combined 40 years of legal experience provide the knowledge and tools you deserve to navigate the divorce process with strength and courage. When you are hurting and unsure of the next steps, our firm offers legal guidance to confront the unexpected and adapt to change. When you choose a divorce lawyer from Indigo Family Law, you will get:
- Someone who tells you exactly what to expect
- Communication and callbacks when questions arise
- An understanding advocate who recognizes the challenges of divorce
We are more than divorce attorneys in Conway. We are spouses and parents who see our work as impactful, helping South Carolina families succeed regardless of their challenges. Beyond divorce, we are partners with you in your legal family planning. Our law firm reviews offer stories and testimonials of real client experiences and successful outcomes.
When Can I Get a Divorce in South Carolina?
Grounds for divorce must exist for couples to dissolve a marriage legally. The SC Code of Laws on domestic relations establishes the grounds for divorce, which may be fault-based when a spouse commits adultery, abandons you for at least a year, is habitually drunk or abuses drugs, or is physically cruel. Spouses may also choose to live separately for a year when no chance of reconciling exists to pursue a no-fault divorce.
Fault-based divorces in South Carolina require a minimum of 90 days before scheduling a final hearing. Your safety and the safety of the children you share with a spouse are paramount. Fault by a spouse in ending the marriage may reduce the waiting period for divorce in South Carolina.
Though the divorce process may take longer than the minimum amount of time, a divorce lawyer can file actions to establish protection from domestic abuse when necessary. Domestic violence can impact anyone, regardless of gender.
Who Stays in the Marital Home During a Divorce?
Couples divorcing on more amicable terms may consensually agree on who stays in the home until the marriage legally dissolves. Having children can impact decisions on who continues to live and care for children in the home and who relocates, even temporarily.
A court order is necessary to remove a spouse from the home, since kicking a spouse out of a home is illegal in South Carolina. Living apart is a requirement to get a no-fault divorce. Staying in separate rooms in a marital home does not meet the requirements for divorce in South Carolina.
What to Expect in the Divorce Process
Dissolving a marriage is a legal process that requires you to take specific actions to end the relationship. Our divorce lawyers prepare you by thoroughly explaining the steps in the divorce process in Conway, SC.
Professional legal guidance can make the difference in a divorce’s outcome. Getting legal advice online about DIY divorce in South Carolina can deprive you of your legal rights in asset division and other financial matters. Divorce is not a DIY process.
Preparing to Divorce in South Carolina
Though the legal steps may be similar in South Carolina divorces, each divorce in Conway brings personal elements specific to your marriage. Begin the divorce process by gathering supporting documentation for a divorce consultation. Consult with a divorce lawyer to understand your legal options and rights.
Your attorney will review the grounds for divorce and explain what to expect throughout the legal process. Meeting the residency requirements to file for divorce in South Carolina is necessary.
Filing and Serving Legal Documents for Divorce
The divorce lawyer representing your case will review and file a complaint for divorce on your behalf to strive to prevent legal missteps. A divorce complaint will outline the divorce grounds and requests for financial relief.
Officially serving your spouse with divorce papers comes next. A spouse has the legal right to respond to the complaint. You or your spouse must live in South Carolina for one year before filing for a divorce. You can also file for a divorce when both spouses live in South Carolina for at least three months.
Schedule a Temporary Court Hearing for a Divorce
Your financial obligations and familial duties continue while divorcing. Your divorce attorney will present your needs in a temporary court hearing, establishing essential rules and guidelines addressing finances, support, and child custody.
Negotiate a Divorce Settlement or Go to Court
Communication is at the heart of effective negotiation. An Indigo Family Law divorce lawyer will represent your best interests during the negotiation process. Our experience with collaborative law and uncontested divorce allows us to partner with you and work with your spouse and their attorney to reach a settlement agreement.
Your attorney can represent you throughout mediation when reaching an agreement on the terms of a divorce is challenging. Though contested divorces are more complex, we are ready to provide experienced representation through mediation and in court when attaining a settlement or an agreement is impossible.
How Are Assets Divided in a South Carolina Divorce?
South Carolina follows statutory guidelines to determine equitable property and debt division in a divorce. Spouses may bring property into a marriage or receive personal gifts or inheritances during the marital relationship. Separate property generally belongs to one spouse. However, commingling separate properties may change an asset’s designation, requiring equitable division.
Marital property acquired during a marriage belongs to both partners. Divorcing spouses willing to disclose all marital assets can work together amicably to divide them. When an agreement is unattainable, a judge will oversee the equitable division of assets.
In some cases, the grounds for divorce may impact the division of assets, benefitting a spouse whose marriage ends due to a partner’s fault. For example, one of the consequences of adultery may be a judge’s awarding a larger percentage of marital property to the harmed spouse. Our divorce lawyers in Conway, SC have experience navigating the division of assets.
What Happens to Marriage Debt in SC?
Dividing marital debts, like assets, must occur. Marital debt division in a South Carolina divorce is also equitable. The grounds of a fault-based divorce may impact the debt division.
What Happens to Our Business in a Divorce?
Navigating a divorce while owning a business together can be stressful and overwhelming. Whether a business is separate or marital property will impact its division.
Couples, with their divorce attorneys, can benefit by working together to agree on business division in a South Carolina divorce. The outcome of a business division can play a crucial role in your financial success after divorce.
Will I Receive or Pay Alimony in a Divorce?
A family court judge in Conway has discretion in determining alimony in South Carolina divorce cases. After reviewing numerous factors, a judge may determine that alimony is necessary based on your marital circumstances. Couples may also negotiate alimony terms as part of a divorce settlement agreement. Some factors in determining alimony include:
- The length of a marriage
- The age of each spouse
- Marital standard of living
- Employment history and earning potential of each spouse
- Any factors that the court deems relevant
South Carolina laws governing the award of alimony and other allowances (Sec. 20-3-130) prohibit the awarding of alimony to a spouse who commits adultery. To prove adultery, a divorce lawyer must demonstrate that a spouse had the inclination and opportunity to engage in sexual activity with someone outside of the marriage.
How is Child Custody Determined in South Carolina?
A child is a marriage’s greatest asset. Determining child custody in South Carolina can lead to contentious battles when couples disagree on a child’s best interests. Our Conway, SC divorce lawyers can look beyond the emotional obstacles of custody battles to what is best for your child. Our team supports you throughout the custody process in a divorce to guide you in:
- Understanding legal custody vs. physical custody
- Creating a parenting plan and identifying milestones for re-examining a parenting plan
- Establishing a visitation schedule
- Understanding the standard visitation in a custody court order
- Custody and visitation with a parent who has a criminal record
- Considering a child’s wishes about where they live
When spouses cannot agree, the courts will determine child custody and visitation based on the best interests of a child, according to the SC Children’s Code.
Will I Pay or Receive Child Support?
Regardless of marital status, parents remain responsible for supporting a child. Child support strives to ensure your child’s well-being. The courts use South Carolina Child Support Guidelines to determine how much financial support a child will receive. A non-custodial parent generally provides financial support to the custodial parent, who assumes daily responsibility and cares for a child.
Failing to pay child support can result in significant consequences, including jail time. Options exist to make paying child support more straightforward. Our divorce lawyers navigate challenging situations like the non-payment of child support.
Can Court Orders Be Modified After a Divorce?
Life constantly changes and may require modifications to existing court orders after a divorce. Modifying a court order may be possible when proof exists that a modification is necessary. Modifications generally require going to court when the circumstances warrant a change in the following:
- Child Custody: Custody may change based on a child’s needs and a parent’s ability to perform custodial duties.
- Child Support: Meeting a child’s needs may require more or less financial support from a parent. Losing a job, a job promotion, and other career changes may impact a parent’s ability to pay child support and meet their financial obligations.
- Alimony: A spouse’s remarrying, cohabitation with a partner, medical needs, and other factors may result in adjustments to spousal support amounts.
Parents and spouses cannot choose to ignore or change court orders on their own. Knowing how and when to modify a custody order is crucial. Understanding the reasons for modifying child support may allow you, with the guidance of your divorce attorney, to effectively document your request for child support modifications or changes in alimony.
What Should I Not Do During a Divorce in South Carolina?
Spouses’ actions during a divorce may produce adverse outcomes in a final divorce decree. A divorce lawyer can advise on mistakes to avoid during the process. Consider the impact of these actions on your divorce outcome and future:
- Hiding divorce assets from a spouse
- Abusing marital assets
- Involving children in a spousal dispute
- Violating a parent’s rights by taking a child
- Engaging in public outbursts
- Posting on social media about a romantic relationship
- Sharing about activities that support evidence of alcohol or drug abuse
- Violating court orders
Your actions during a divorce are under scrutiny. Sharing the details of a divorce with acquaintances and friends can impact its outcome. As social media becomes an outlet for sharing personal details, the information you like, post, or comment on can be used against you in a divorce. As technology use increases, digital footprints can become more impactful in divorce cases.
Contact Our Experienced Divorce Attorney Conway SC Law Firm
Legal preparation can help you more effectively navigate a divorce and secure your future. The family law attorneys at Indigo Family Law are your partners and advocates during a divorce. Our team can help you take legal steps to dissolve a marriage and move forward. A divorce attorney with our firm will review your submission and contact you, or you can reach us directly by phone. Contact Indigo Family Law today to schedule a confidential consultation.