South Carolina Divorce & Separation
Expertise & Compassion
Going through a divorce can be an emotionally trying time. Retaining a compassionate and level-headed attorney with the experience and energy to vigorously protect your rights gives you the best chance of navigating the rough waters of divorce with your sanity intact. Our goal is to minimize the stress and anxiety associated with divorce as much as possible. When you retain The McCord Law Firm, LLC to represent you, we will meet with you to discuss your goals in the areas of grounds for divorce, filing the complaint, property division, and alimony.
We can help you through various forms of divorce, including:
Fault based divorce
Common Law Marriage
Challenging Previous Divorce Decrees
Seeking Modifications Based on Change of Circumstance
What to Expect
Proving Grounds for Divorce
To those going through it, divorce feels like a very private and personal matter. However, due to the nature and legality of the marriage, divorce must be resolved in a somewhat public way by use of attorneys and a court of law. In the state of South Carolina, a judge will approve your divorce according to your ability to prove that you can satisfy one of the five grounds as outlined in the South Carolina Code of Laws §20-3-10:
Desertion for at least a year
Physical cruelty, such as domestic violence
Habitual drunkenness or use of narcotic drugs
Living separately and apart without cohabitation for at least a year
After you’ve determined if you have proper grounds for divorce, you’ll need to file paperwork with the court known as a complaint. The complaint states the grounds for the divorce or separation along with other details about how you wish to proceed with financial assets, property, alimony, and/or child custody.
Filing Your Complaint
If you’re the initiator of your divorce and need to file a complaint or even serve a summons, we can assist you. The complaint is a document outlining your intentions for divorce or separation and your desires regarding property division, custody and visitation, and alimony. Legally,your spouse will have 30 days to either accept your terms or counterclaim.
In situations that require a temporary solution for who will live in the house, how finances will be handled, and custody will be divided during the transitional period, a temporary relief can be filed with the initial complaint. In that case there will be a temporary hearing (usually 3-6 weeks after the filing). At that hearing the judge will decide on the temporary issues.
Division Of Assets & Debt
Before the final divorce decree is issued, the marital assets and debts must be divided. If the two parties can’t agree on how to divide and present that plan to the court, the presiding judge will determine the division. In South Carolina, the system of “equity” is used. In this system, the judge takes many factors into account. Some of the factors include:
Length of the marriage
Income and earning potential of each spouse
Additional training or education needed to achieve income potential for either party
Age and health of each spouse
The financial contribution of each spouse for marital assets
Alimony is a husband’s or wife’s court-ordered provision for a spouse after separation or divorce. In layman’s terms, it is the monthly payments that help maintain a lifestyle, determined based on income vs. bills. Alimony can also be disciplinary when a spouse was treated improperly in a way that had an economic impact.
Either party is able to request alimony if they feel that the situation calls for it, and it is either awarded as a one time sum, or in periodic payments. Alimony may be short term while one party finishes education needed to be self supporting, or it may be more permanent until death or the other party remarries. Alimony is determined by a judge based on several factors. Some of the factors include:
Length of marriage
Physical and Emotional Health
Standard of living established during the marriage
Current and estimated future earning power and expenses
Custody arrangement and assets awarded to each party
Other support obligations of either party
Tax consequences (since alimony is taxable income)
Why Choose Us
Seasoned Lawyers. Small Firm Advantage.
The McCord Law Firm, LLC is dedicated to taking the stress off your shoulders by guarding your financial and parental rights as we guide you through the divorce process. You will never be in the dark about the state of your case – we place a high priority on communicating all important matters to you so you can know you are in capable hands.
We make every effort to earn our client’s trust by listening to the client’s needs, keeping the client up to date, always returning calls, and providing the highest level of legal advocacy.
We would love the chance to talk to you to see how we can assist you with your family’s legal needs.
Get in Touch
We’d Love to Hear From You
Here at The McCord Law Firm, we care about you and your unique challenges. Even if we’re not able to help you in your exact situation, we’ll always guide you in right direction.