Oftentimes, issues that arise in the separation and divorce process have little to do what is currently happening in the legal realm. It is important to have a strong and informed team to provide the support, strength and resources that you might need to help you navigate this difficult time. Each family law matter presents unique concerns, specific to that family. Mary recognizes that each client has a different perspective which may help shape priorities. Mary will work tirelessly to help you address your individualized concerns. At your initial consultation, Mary will discuss with you the many avenues that one could pursue so all actions are tailored to your particular situation.
South Carolina has four fault grounds for divorce:
- Adultery
- Physical cruelty
- Desertion
- Habitual drunkenness/drug abuse
There is a "no-fault" ground called "living separate and apart for one year without cohabitation." In order to obtain a divorce, the party who files must prove at least one of these grounds with legally sufficient evidence. Legally sufficient evidence refers to satisfying the Court that one of the fault grounds exists, and this is done usually via third party testimony (witnesses, reports of private detectives, etc.).
South Carolina does not recognize a legal separation. A couple is either married or not married. However, there is a similar type of action called "Separate Support & Maintenance." This action is very similar to other states' legal separations.
A separation occurs when the parties live in two separate locations. Living in two separate bedrooms in one's house does not qualify as a separation. If you have a separate guesthouse or a garage apartment, you need to discuss this situation with an experienced attorney about whether the court would consider this a separate location.
To file for divorce in South Carolina, one party has to have resided in South Carolina for at least one year if the other spouse lives in another state. If both parties have lived in South Carolina for at least three months, either party can file for a divorce in South Carolina. If one party has lived in South Carolina for at least one year, that party can file for divorce in South Carolina even if the other spouse has never set foot in this state. However, other issues such as the division of property, alimony, visitation and child support require obtaining personal jurisdiction over the nonresident spouse. Obviously, jurisdiction questions are intricate. To avoid having your case dismissed due to a failure to adequately satisfy jurisdiction, please seek the advice of qualified counsel.
The court may consider fault by either party when determining alimony, separate support and maintenance, and the equitable distribution of property. In South Carolina, adultery by the party who would otherwise receive alimony is a complete bar to the receipt of alimony except under certain circumstances. Given the severe ramifications fault has in the divorce process, it is imperative that you address any fault issues with an experienced divorce attorney.
South Carolina Family Court has jurisdiction to equitably divide the parties' marital property. There is no preset rule regarding the division of assets. Instead, the Courts consider a variety of factors set out in our statutes including:
- Duration of the marriage.
- Separate maintenance and/or alimony award.
- Child custody arrangements; physical and emotional health of each spouse.
- Financial/economic circumstances of each spouse.
- Vested retirement benefits of each spouse.
- Need for additional training or education to achieve spouse's income potential.
- Liens or encumbrances on marital and separate property/debts; non-marital property of each spouse.
- Tax aspects of divorce.
- Support being paid or received by either spouse regarding a prior marriage or child.
- Desirability of retaining the marital home.
- Each spouse's contribution to the marriage.
- Fault or marital misconduct of either party.
- Any other factors necessary to achieve equity.