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Georgetown Family Law Attorneys

Family law consists of many areas. Many of the topics covered under the umbrella of family law can be emotionally charged. People often fight for what they think is best for their family, making family law issues complex and sensitive.

At Indigo Family Law, our Georgetown family law attorneys can help you with many important topics. We are committed to helping you make the best decisions for your family. We will handle your case with compassion, confidentiality, and legal expertise.

Areas Covered by Family Law

Family law covers many scopes. At Indigo Family Law, our team helps clients in many areas of family law, including those listed below. Each of these areas will be discussed in depth.

  • Separation
  • Divorce
  • Child custody and visitation
  • Child support
  • Alimony
  • Property and debt division
  • Business division
  • Prenuptial agreements
  • Postnuptial agreements
  • Adoptions
  • Modifications
  • Grandparents’ rights
  • Paternity

Some topics covered under family law are exciting. Others are contentious. Regardless of what family law issue you are facing, our Georgetown family lawyers are ready to help you.

Legal Separations in Georgetown

Some married couples in Georgetown wish to separate their lives and assets without getting an official divorce, making separation a good option for couples who are not certain about divorce. In South Carolina, an individual must live separate and apart from their spouse for one year before filing for separation. Georgetown couples cannot become legally separated unless they have a separation agreement outlining the rights and obligations of each partner during this separation period.

Divorces in Georgetown

According to the United States Census Bureau, almost 44% of South Carolina marriages end in divorce. There are many issues that must be resolved in divorce cases, making them emotional, stressful, and potentially complex. Our Georgetown family law lawyers can help with simple and complex divorces.

Divorces in South Carolina can be uncontested or contested. Uncontested divorces involve couples who agree on the terms of their divorce and all related issues. The requirements for obtaining an uncontested divorce in Georgetown include the following:

 

  • Residency: One partner must have lived in South Carolina for a specific period of time. If both partners live in the state, the party filing for divorce must have lived in South Carolina for the last three months. If only one partner currently lives in South Carolina, they must have lived in the state for a year prior to filing for divorce.

 

  • A year’s separation: To get an uncontested divorce in South Carolina, partners must live separate and apart from each other for a year before filing for divorce. They must live in completely separate residences and not simply in separate bedrooms in the same house. The filing party must file on the legal ground of no-fault.

 

  • Agreement on issues: Spouses must agree on all issues in their divorce. Such issues commonly include custody, visitation, child support, and the separation of marital property and debts. To obtain an uncontested divorce in Georgetown, both partners must waive alimony.

 

Contested divorces are those in which spouses are unable to agree on the terms of their divorce. They often involve conflicts over children, marital property, debts, and assets. The grounds for divorce in Georgetown include a year’s separation, adultery, desertion for at least a year, physical cruelty, and habitual drunkenness or drug addiction.

Common Steps for Divorcing Parties in Georgetown

There are steps that are common in most Georgetown divorce cases. All couples contemplating divorce should be aware of these steps. Parties considering filing for divorce should be prepared to take the following actions:

  • Meet with a Georgetown family lawyer at Indigo Family Law to discuss the details of the marriage and expectations for divorce.

 

  • Collect financial information, such as bank statements, tax returns, and paycheck stubs, to establish assets and debts.

 

  • File a divorce complaint to begin divorce proceedings, specifying the grounds for divorce and requests for what is wanted in the divorce.

 

  • Have the other spouse served by an independent, third-party process server.

 

  • Wait 30 days for the spouse to answer the allegations in the divorce complaint.

 

  • Attempt to reach an agreement with the other spouse on all contested issues.

 

  • Participate in mediation with a neutral dispute resolution professional to attempt to reach a settlement on outstanding issues.

 

  • Attend trial within one year of filing the divorce complaint if the parties are unable to reach a settlement agreement.

 

  • Adhere to the court’s orders once the divorce is finalized, as the failure to do so can result in fines, community service, or imprisonment.

An experienced family law attorney in Georgetown can assist with all these steps. There are many complex and emotional issues to be dealt with in South Carolina divorce cases. We can help you fight for what is best for your family while helping to protect your rights.

Georgetown Child Custody and Visitation

It is often difficult to determine which parent should have custody of their children in the midst of divorce. Many times, both parents argue that they can give their children what is in their best interests. It is challenging for divorcing spouses to agree on a custody and visitation schedule.

In South Carolina divorces, a determination must be made as to legal and physical custody of the children. Legal custody refers to which parent has the final decision-making authority regarding schooling, medical care, and religion. Physical custody refers to the parent with whom the children physically live.

Both parents are entitled to visitation with their children. Parents are forbidden from preventing each other from visiting with their children. Our Georgetown family attorneys can help divorcing couples establish a parenting plan outlining custody and visitation arrangements when the spouses cannot agree on their own.

Child Support in Georgetown

In contested divorces, spouses often argue about how much child support should be paid toward the care of their children. South Carolina uses child support guidelines to determine the factors outlining what a non-custodial parent should pay toward the children’s expenses. Typical expenses for which custodial parents are legally responsible include the children’s daily care, food, clothing, education, and healthcare.

Child support in Georgetown is based on several factors, including the non-custodial parent’s visitation time, each parent’s income, and their other child support and alimony obligations. The number of other children each parent has and what they pay in childcare costs and health insurance are also factored into child support calculations. This child support calculator provided by the South Carolina Department of Social Services (DSS) can give parents an idea of their child support obligations.

Alimony in Georgetown

Alimony is the money paid by one spouse to another after they are divorced. It is typically paid to a financially dependent spouse who, perhaps, did not work during the marriage because they were taking care of the children or by an unfaithful spouse. Alimony can be paid temporarily or indefinitely, depending on the parties’ specific circumstances.

In contested divorces, a family court judge will usually determine the amount of alimony to be paid. They consider factors like the length of the parties’ marriage, their earning potential, and any marital misconduct. A spouse who is cohabitating with a romantic partner or is involved in an extramarital affair is automatically barred from receiving alimony in South Carolina.

Georgetown Property and Debt Division

Divorcing parties in South Carolina are required to disclose their marital and separate assets and debts. Marital property is that which is acquired during the parties’ marriage. Separate property is that which was obtained by a spouse prior to marriage or was gifted to them by someone else.

In contested divorces, a family court judge will determine how the parties’ property and debts should be divided. They will consider the duration of the marriage and any marital misconduct. Our Georgetown family attorneys can propose creative ways to divide property and debt that both parties may consider reasonable and beneficial.

Business Division in Georgetown

If divorcing spouses own a business together, there are additional complications that can arise. The parties will probably need to have a business valuation completed to determine what the business is currently worth and what it was worth at the time it was created. If no agreement can be reached on how to equitably divide the business, the parties may be forced to sell it and then split the assets, if any.

Georgetown Prenuptial Agreements

When two parties get married, neither usually foresee divorce; however, some parties plan ahead just in case. Prenuptial agreements can help couples reduce their conflict if they are ever separated or divorced. These agreements allow couples to designate certain property as separate and not marital.

Georgetown Postnuptial Agreements

Postnuptial agreements also allow married couples to decide how property and assets will be divided in a divorce. These agreements are made after the couple is already married. They are commonly used to modify existing prenuptial agreements.

Adoptions in Georgetown

There are several forms of adoption. Types of adoptions are usually divided into those within a family and those outside of a family. Common types of adoption in South Carolina include the following:

Adoptions Within the Family

  • Step-parent adoptions
  • Grandparent adoptions
  • Adoptions by other family members

Adoptions Outside of the Family

  • Domestic and foreign adoptions
  • Infant and older child adoptions
  • Single-child and multiple-children adoptions
  • Open and closed adoptions

Our experienced Georgetown family law attorneys are knowledgeable regarding the laws governing all types of adoptions. We can help you determine which form of adoption is best for your family. We would love to help you celebrate the joy of growing your or someone else’s family through adoption.

Modifications in Georgetown

After a couple’s divorce is finalized, it may become necessary to make changes regarding child support, custody, visitation, or alimony. A change in circumstances that requires a modification typically requires a court order. Proper paperwork should be prepared and filed to modify the parties’ current arrangements.

Georgetown Grandparents’ Rights

There are several reasons grandparents may request custody of their grandchildren. These custody requests can be voluntary, involuntary, or de facto. De facto custody refers to grandparents who have been the primary physical and financial caregivers of their grandchildren for at least six months or one year, depending on the children’s ages.

Paternity in Georgetown

A man’s rights differ depending on the type of paternal relationship he has with his children. Fatherhood in South Carolina is categorized in four ways. The state’s labels for paternity include the following:

  • Presumed father: A man is legally considered to be a child’s presumed father if he was married to the child’s mother during conception or birth, even if they were divorced shortly thereafter.
  • Acknowledged father: A man is considered a child’s father if he admits in court that he is the father, despite not being married to the child’s birth mother.
  • Unwed father: A man who has a child with a woman but has not legally acknowledged paternity or has not been proven to be the father is considered an unwed father.
  • Stepfather: A man is considered to be a child’s stepfather if he is married to someone who had that child from a previous marriage.

There are various reasons a man may need to prove or disprove his paternity, including determining child support obligations and custody rights. Our family lawyers in Georgetown can help fathers understand their rights and responsibilities. Fighting legal issues around paternity can become complex and should not be done alone.

Let Indigo Family Law Help You with Your Family Law Issues

You may need the help of a Georgetown family law lawyer for many reasons. Many of the family law issues you are navigating can be complex, stressful, and emotionally charged. Most will also have a significant and longstanding impact on your family.

Our family law team at Indigo Family Law is experienced in dealing with most of the issues covered under the family law umbrella. We will handle your issues in a professional, compassionate manner that will consider your and your family’s best interests. Contact us today to schedule a consultation to discuss your situation and how we can help.