Divorce Lawyers Near Me

There is a reason most love stories do not continue past the picture-perfect, romantic wedding. Marriage is hard, and no matter how well-suited you are at the beginning of a romance, it takes work to maintain clear communication and prioritize your spouse. If you are in a struggling marriage, speaking with a divorce lawyer can help you determine the best next steps for regaining your life.

At Indigo Family Law, we understand the difficulties couples face when going through a separation or divorce, and we are here to help. Whether you are worried about asset and debt division, child custody matters, or settling spousal support, our divorce lawyers near me law firm can help. We value straightforward, honest communication and will walk you through what you need to do to protect your family’s best interests.

Divorce in Georgetown, SC

While South Carolina marriages last longer than the national average of eight years, most marriages in our state last only 11 years. According to the South Carolina Judicial Department, they record about 20,000 divorces annually. If you are going through this process, know that you are not alone.

In South Carolina, you can file for either a no-fault divorce or a fault-based divorce under (Sec. 20-3-10). No-fault divorces require the parties to have lived separately, without cohabiting under the same roof, for over a year. For a fault-based divorce, the state recognizes adultery, habitual drunkenness or substance abuse, physical cruelty, and desertion as legal grounds. If fault-based divorce grounds exist, parties may be able to obtain a divorce as soon as 90 days after filing if all issues can be resolved within that time.

If you are looking at getting either a fault-based or no-fault divorce in Georgetown, SC, or the surrounding areas, working with one of our divorce lawyers may be able to help. When you sign up for a case consultation with the Indigo Family Law team, our firm can help you evaluate your case and determine the best course of action for you and your family.

What to Look For in a Divorce Lawyer

The relationship you have with your divorce attorney is important. As you figure out the next steps for your family and make vital decisions about the future, you need someone you can trust to tell it to you like it is. At Indigo Family Law, that is exactly what we do. We value straightforward communication with all our clients and will never leave you waiting for an answer. With over 40 years of combined experience in family law, we offer a combination of experience, knowledge, honest communication, and dedication to every client interaction.

Our founding attorneys, Brana Williams and Ryan Stampfle, bring personal understanding to navigating difficult family situations. We all have families and go through rough patches, too. The importance lies in how you handle those moments and what you bring to the table. You can lean on us and expect us to provide steady guidance throughout it all.

Alimony and Spousal Support in South Carolina

In South Carolina, alimony, also known as spousal maintenance and support, can be ordered by the courts. With this, one spouse is required to give the other financial assistance after their divorce. If you want to pursue spousal support, the judge will evaluate criteria such as:

How long you were married
How old you both were when you got married and when you divorce
Physical, emotional, and psychological state of both spouses
Your education levels and place in your career
Your lifestyle or standard of living while married
Current and future financial needs and earnings of both spouses
Separate property and assets
Child custody and situations, such as if a parent must stay home or their employment is limited
Taxes and other debts of both parties
Any faults listed in the grounds for divorce, even if you are pursuing a no-fault divorce

One particular law in South Carolina is that a judge will not award a party alimony if there was adultery present, unless both spouses sign a formal agreement or if the judge enters a permanent order of support or approves a property agreement. If this complicates your divorce case, contact a divorce attorney to discuss how you can still receive the support you need.

Prenups Can Affect Spousal Maintenance Orders

If you and your spouse signed a prenuptial agreement, you may have outlined some rules about alimony before you got married. Instead of relying on a judge to consider all the previous factors, you were able to decide in advance what would happen with spousal support if you ever divorced. Your prenup may completely waive any right to alimony, which is pretty common. Or, there may be specific terms set for how much alimony will be paid, how long it will last, and under what circumstances alimony will be paid.

Be sure to confirm if you laid out these rules with your spouse beforehand. As long as the prenup is legally sound, meaning both of you signed it voluntarily, had your own lawyers, or waived the right to legal advice, and it was not based on fraud or duress, South Carolina courts will generally uphold whatever is written in it. If you are dealing with a prenup in your divorce, contact a divorce attorney to determine what can be done about it and if you are still qualified to possibly receive alimony.

Divorces May Be Contested or Uncontested

When you are getting a divorce in Georgetown, SC, or the surrounding areas, there are two main recognized ways that it can happen. Either you and your spouse agree on almost everything, which is called an uncontested divorce, or you and your spouse are at odds, which is called a contested divorce.

Even if you and your soon-to-be ex do not agree on everything, it is a much smoother process for everyone if you are able to pursue an uncontested divorce. Working with a divorce attorney may help you convince your spouse that the best way to proceed is with friendly negotiation until you decide on the important factors, such as separating assets, custody claims, and alimony.

Contested divorces can get messy, typically taking far longer to process and much more money in court and lawyer fees than if you can agree on things from the start.

Equitable Distribution of Assets and Debts

South Carolina does not divide assets and debts directly down the middle as community property states do. This means that our laws rule that property from a marriage must be equitably distributed between both parties, depending on when you acquired it. Equitable means they are aiming for a fair outcome, but it may not necessarily be an equal one.

Both shared assets and debts are evaluated in this way. Property division and the debts, mortgages, and taxes associated with property can prove to be a huge headache. A custodial parent may be granted the full family home to maintain a stable household and familiar surroundings for the child or children involved. However, property division is not always that easy or fair.

Other factors that can make this process more complicated include the division of a family-owned business, high-value assets, and hotly debated child custody. Speak with one of our divorce attorneys today to get help with negotiating on your behalf and representing you during mediation or in court. If your case goes to trial, we will advocate for your best interests and those of your family and help support you during this time.

Child Custody and Support Issues

When it comes to divorce, debating child custody and support is often one of the most emotionally charged issues. Understanding your legal rights as a parent is vital when going through a separation. The court will always value the child’s best interests, so working with a divorce attorney gives you the best chance at representing yourself and your situation.

Navigating child custody arrangements involves understanding how the responsibilities and time spent with your children will be divided. Child custody fundamentally addresses the sharing of legal custody and physical custody between parents. Legal custody grants parents the authority to make significant decisions about their child’s upbringing, including choices regarding their education, healthcare, and religious affiliations. Physical custody determines the child’s living arrangements and establishes the amount of time the child spends residing with each parent.

In all child custody determinations, the guiding principle is the best interests of the child. Courts carefully evaluate various factors to reach a decision that serves the child’s overall well-being. These considerations typically include:

The child’s safety and welfare.
The quality of the child’s relationship with each parent.
The stability and suitability of each parent’s home environment.
If the child is of sufficient age and maturity, their reasonable preferences may also be considered.

Understanding these factors is particularly important when parents have differing opinions on their child’s most suitable custody arrangement, leading to contested child custody disputes.

Types of Custody Arrangements Available in South Carolina

A range of custody arrangements can be established, depending on the unique circumstances of each family. These include:

Sole custody: One parent is granted both full legal and physical custody of the child.
Joint custody: Both parents share the responsibilities of legal custody, physical custody, or both.
Primary custody: One parent is designated as the primary caregiver, and the other parent has scheduled visitation rights.
Split custody: In families with multiple children, each parent may have primary physical custody of one or more of the children.

Custody schedules are specifically tailored to the individual needs of the family, taking into account factors such as the child’s age, schooling commitments, and the parents’ work schedules. Furthermore, a parent’s relocation can sometimes necessitate modifications to existing custody orders to ensure the continued best interests of the child are met.

Seeking guidance from a qualified legal professional experienced in family law is highly recommended. They can provide invaluable advice specific to your situation, clarify your rights and options, assist with custody mediation efforts, and strongly advocate for your child’s best interests throughout any legal proceedings.

Negotiation and Mediation Toward an Agreement

Whether your divorce is uncontested or contested, you and your spouse will likely not agree on everything. That is where a divorce lawyer near you can help guide you through negotiations or utilize an alternative to litigation, such as mediation. Mediation is a structured and voluntary negotiation process that helps a divorcing couple in reaching a mutually agreeable solution on various aspects of their transition.

A neutral and impartial mediator will facilitate discussions that involve you, your spouse, and your respective legal counsel. The mediator’s role in these conversations is to guide you towards solutions that work for both parties. Key areas often addressed in mediation include:

Child Custody and Parenting Schedules: Creating arrangements that prioritize the well-being of your children above any parental disagreements. The mediator assists parents in understanding the significance of cooperative co-parenting and fostering a healthy and ongoing relationship with both parents.

Parenting Plans: Collaboratively developing a detailed roadmap for raising your children post-separation.
Division of Property and Assets: Achieving a fair and equitable distribution of marital assets and liabilities accumulated during the marriage. The mediator aids in distinguishing between marital property and separate property (assets acquired before the marriage or through inheritance).
Spousal Support: Facilitating discussions and analysis of each party’s financial needs and the ability of one party to provide support to the other. This often involves considering factors such as income, expenses, and earning potential.

Mediation can present challenges, particularly when dealing with intricate issues or past hurts. Our divorce lawyers near you are experienced negotiators who will advocate for your rights and ensure your interests are protected throughout this process. We are committed to pursuing resolution through mediation whenever possible, aiming to avoid the inherent uncertainties and potential emotional toll of court intervention.

Contact Indigo Family Law for our Divorce Lawyers Near Me Law Firm

At Indigo Family Law, our experienced divorce attorneys offer comprehensive support to guide you through this challenging time. Beyond providing dedicated support tailored to your unique family situation, we offer clear and concise legal advice, strategic negotiation with your spouse or their attorney, and strong advocacy in court.

Divorce is not just a legal process, it is extremely personal. And we are committed to offering the support you need to go through this transition with greater ease and confidence. Contact our team to get your questions answered and set up a consultation to see if we would make a good match.