Rock Hill, SC- Is your marriage in trouble? Do you think about divorce? If divorce is your final option, you may be unsure where you should begin. That’s okay because most couples are unaware of the steps they must take before they can finalize their divorce in South Carolina. Here our team of divorce lawyers in Rock Hill will explain some of the basics of filing for divorce.
Before you can even file for a divorce in South Carolina, you must meet residency requirements which state you must live in the state for at least three months if both spouses are residents if the state. If only one spouse lives in the state, then a couple must wait for at least one year before filing for divorce.
Additionally, a couple must wait at least three months from the time they file their official divorce documents until their divorce can be granted.
Once you meet South Carolina’s residency requirement, you then have to decide if you want to file for a fault or no-fault divorce. Which you choose, depends on the reason your marriage is broken and whether you and your spouse can resolve your differences.
Most Rock Hill couples will file for no-fault divorce because it is a simpler and less time-consuming process. A no-fault divorce is appropriate if both spouses agree that their marriage is irretrievably broken and cannot resolve their differences. But you will only be granted a divorce if you and your estranged spouse can agree on spousal support, child support and asset division, to name a few.
If you file for a fault divorce, the process is more complicated and takes longer to resolve. Grounds for fault divorce include cruel and inhumane treatment (physical, verbal or sexual abuse), abandonment, adultery or long-term incarceration. USAttorneys urges you to consult with a divorce lawyer in Rock Hill before you decide to file for a fault divorce.
As for property division, South Carolina is an equitable division state which means a couple’s property and assets are divided between both spouses equitably. Now, when we say equitable division that does not mean everything is split 50/50; instead, it means property and assets are divided depending on factors such as the length of a couple’s marriage, the value of the assets being divided and the finances of each spouse. Whatever properties belonged to a wife or husband before they were married will remain their property after divorce unless they decide otherwise.USAttorneys recommends you speak with a child custody attorney who works with the state’s family courts if you can’t resolve child custody issues.
When it comes to the issue of child custody, it’s important to note that best interests of a child or children when deciding who will get primary custody and which parent will get visitation. If you are unable to resolve child custody disputes, we recommend you speak with a child custody attorney in Rock Hill and enlist their help.
At USAttorneys, we suggest you contact the Law Offices of Josh Mitchell, LLC. by calling 803-324-7681 and set up a case evaluation. Attorney Josh Mitchell will help you and your spouse resolve your disagreements, and choose a custody arrangement that is best for your child or children.