Individuals seeking divorce must understand the complexities of the division of assets, financial and parental responsibilities, and keeping the family home and finances stable, requiring the professional services of Hilton Head Island South Carolina divorce attorneys. Family law counsel who understands the need to minimize attorneys’ fees, and other costs of divorce that may be a hurdle to both parties moving forward will be most beneficial. 

Divorce actions.

Divorce actions can be time consuming and cause emotional and financial battles that require professional support from Hilton Head Island divorce lawyers.  In most states, a person can file for divorce if they meet the basic state requirements.

  • Residency.  At least one party to the divorce action usually must prove they were a resident of the state for a specified amount of time before filing for divorce.  
  • No fault. Parties to a divorce may want a no-fault divorce and the courts will recognize either “incompatibility of temperament,” or “irretrievable breakdown” as the cause of the divorce. 
  • Fault.  A fault divorce action can be more effective in favorable settlement outcomes for the non-fault party in cases that address certain fault actions to include adultery, felony convictions, abandonment, confinement to mental hospital, drunkenness, or drug addiction, living separately for extensive periods of time and physical, or sexual abuse of the petitioner, or child(ren) of the divorce action.  
  • Separation.  It is not necessary to file formal paperwork to begin a separation in some states, but one of the parties to the marriage will need to move out of the family home in most cases.  
  • Complete paperwork.  The complaint document is usually drafted by a divorce attorney and is considered the initial first step to end a marriage, other terms for the divorce must be put in writing and agreed to by divorcing parties, referred to as a “marriage settlement agreement.”
  • Service. Proof of service is a requirement of a divorce proceeding in most states and can be accomplished through personal delivery, first class certified with return receipt, sheriff, or constable service, and when a spouse cannot be located, through publication in a local newspaper for a specified amount of time in accordance with state laws.  

Divorce with children.

South Carolina divorce attorneys can assist with child custody and support filing distinctions when children are involved, including child support information sheets; support income affidavits; child support forms; and a child support guideline notice of compliance. Lawyers can clarify child custody laws, as they pertain to both parents’ legal responsibility to children. Legal battles involving custody are best addressed with an experienced child custody attorney, as the outcomes can be devastating to both parents and children. It is prudent to choose a lawyer who can provide legal solutions that may anchor divorcing individuals. 

Financial matters.

  • Alimony 
  • Child support 
  • Distribution of marital assets/liabilities 
  • Emergency support.

Seek legal counsel.

Divorcing couples should consult with an experienced South Carolina divorce attorney regarding family law issues, to diffuse the emotional, financial, and family upheaval associated with divorce and child custody actions.