If you got married at one of the very popular wedding sites South Carolina has to offer; on one of our tropical beaches, gorgeous mountain overlooks, historical Tiffany window churches, or any of our impressive wedding venues, you probably were not considering what a divorce in Greenville, South Carolina would look like. Honestly, not as lovely as the wedding sites, unless you got married at a courthouse and then it will look very familiar.
When your happily ever after turns into unhappy or angry for a very long time, it may be time for you to get a professional Greenville divorce lawyer involved. Some couples can manage a divorce without a Divorce Lawyer, usually, couples who have been married a shorter period of time, have no children, and no marital property. If that is not you, you may need some professional help from a family law attorney to be sure that you get your equitable division in the proceedings. We can gladly help you do that.
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US Divorce Statistics
Highest Divorce Rates
- Arkansas 20%
- Idaho 17.6%
- Oklahoma 17.21%
- Alabama 15.52%
- West Virginia 15.38%
Lowest Divorce Rate
- Pennsylvania 6.59%
- Connecticut 6.22%
- New Jersey 5.34%
- Massachusetts 5.0%
- New York 4.9%
South Carolina divorce rates, at 10%, are sitting right around the midline at #30.
If these results surprised you a little, the reasons people get divorced most likely will not.
- Basic Incompatibility 6.59%
- Infidelity 6.22%
- Money Issues 5.34%
- Other 5.0%
South Carolina State Divorce Law
Section 20-3-10 of the South Carolina Code of Laws in summation states that the only legal reasons for divorce in South Carolina are: (1) adultery; (2) desertion for a period of one year; (3) physical cruelty; (4) habitual drunkenness, through alcohol or narcotic drug use; (5) on the Application of either Party if and when the wife and husband have lived separate and apart without cohabitation for a period of one year.
This clearly defines the grounds for divorce in South Carolina. The state of South Carolina and the county of Greenville recognize 4 Fault Divorce grounds and 1 No Fault Divorce grounds.
Do I Need a Divorce Lawyer For a No-Fault or Uncontested Divorce?
If you and your spouse have only been married several years, just have basic incompatibility as the grounds, have met the 1 year legal separation requirement, expect no alimony, have no children, and agree on all non-marital property; what is his and what is her’s after going through every single item in the house, you may not need an attorney. Get the paperwork, go through it very slowly, be totally honest, and see if a judge will sign off on it. If anything comes out during the filing, you will have wasted all of that time, money, and need to start over with an expert.
From general experience, very few of these ‘Do It Yourself Divorces’ work because usually people getting divorced have some anger at the other party. Maybe they don’t want to publicize her adultery or his recent drug binge, but there will be underlying anger and it will come out when he wants the antique gun her dad gave THEM for Christmas or she wants to keep his grandmother’s ring that he proposed to her with. That’s when you need a Divorce Attorney.
How Do I Find The Right Greenville Divorce Lawyer For Me?
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Availability is very important. That may mean the divorce attorney’s office is at a location close to you and you are welcome to stop in, or it may be that your phone calls or E-mails are answered promptly. As things change and develop in your divorce, you need to know that your lawyer is there to provide knowledge, advise, offer empathy, and sometimes even a little sympathy.
Believability is step 2, and it works both ways. You must believe what your Grenville divorce lawyer tells you, but you must also be totally honest. If you cannot tell this professional the absolute truth regarding everything needed, and honestly there is little in your life that doesn’t impact your marital relationship, or if you feel this lawyer is anything less than professional, state you’re not sure about your next step and you will get back to them. Don’t be swayed by less expensive costs. As with most things in life, you get what you pay for. Be sure you get someone honest that believes in you and your case.
Control is the third requirement. Divorce is seldom pretty, but at our firm, we make sure our clients stay on top of developments and know when we need to make a response. For the vast majority of people going through divorce, it is your first and hopefully the last journey down this road. We want to lead you in the right direction and keep you informed at all times. It is important that you make these decisions; they will affect you, your ex-spouse, your children, and your extended family for the rest of your lives. We will not allow the opposing attorney to run your case.
What Will a Divorce Attorney Do For Me?
You need to stay actively involved for your family law attorney to do the best job they can do. Your attorney needs all of the answers possible on the forms. Bring in all of the paperwork requested, it is necessary. Your attorney represents you; he is not you and you are the only one that can make the decisions that will affect you and your entire family forever.
Once you have given him all of the answers you can, then he will review the file with you and formulate your case. Each and every step will be discussed and authorized by you. These are life- altering decisions: your life. Although it may be exceptionally hard to focus on what has to be done, try to come to meetings with a clear head and focus totally on the task at hand for that period of time.
What If My Spouse Is Being Uncooperative?
It is unusual, but there are times when one person is ready to move on and the other seems totally oblivious to what is going on. Usually, when they get served with the divorce papers it jolts them into reality, but for a very limited few they are still uncompromising in their stand. They refuse to hire an attorney and when they finally do, they do not cooperate with their representation.
Once the divorce papers are filed, the ball starts to roll and you can either get on top of it or get rolled over by it. The less this spouse provides, the more it counts against him. If his attorney is helping him with any unnecessary postponements or other legal maneuvers to try to buy his client time, the attorney could face some sort of lawyer discipline for knowingly helping his client. They may be able to slow the process down a little, but it will not be stopped. The divorce will be granted, in your favor in every way possible due to his lack of cooperation.
How Will Our Home and Other Property Be Divided?
Like many other states, South Carolina is a marital property, equitable distribution state. This means that property acquired during the marriage is considered a joint asset and belongs to both parties and will be divided equitably. Determining what is joint property and separate property during a divorce often requires the knowledge and experience of a family law professional. Property division is often the most difficult part to reach an agreement upon in a divorce.
Problems arise when there are instances like a husband owns a fairly successful business, marries, wife starts to work at business and it becomes very successful, now divorcing. Doesn’t she deserve something for those years that she improved the bottom line? Also, equitable does not mean 50/50. It means each party receives the portion of the marital property based on the party’s circumstances.
Non-Marital property is not put into the equitable division pool (with the correct verification) and belongs to the declared owner:
- Property received as a gift or inheritance specifically to one member
- Property owned prior to the marriage
- Property declared after court order issued or settlement agreement signed
- Property declared in a validly executed prenuptial (Click to our pre-nuptial page)
- Any increase in value of above-listed items
However, if any of these separate properties are used to fund any marital properties, and it becomes difficult to separate, they will be considered marital. For example, the inheritance is deposited into a joint checking account that is used to fund 2 car purchases and other items.
Contact A Greenville Divorce Lawyer Today
Greenville Family Attorneys has the experience to provide you with the best legal representation around. We handle all types of family law issues including divorce, child custody, and child support. If you require legal advice from a compassionate, dedicated family attorney in Greenville County and surrounding areas, we are here to help! Divorce can be one of the most stressful times a person can go through. Let us handle the legal matters so you can focus on yourself and moving forward. Contact us today to schedule a FREE consultation to discuss your options.