However, it should be noted that Desertion is rarely used as a ground for divorce since the parties must have lived separate and apart without cohabitation, just as is the requirement for a no-fault one-year continuous separation divorce. It is always important to note that attorneys do not have control over the court docket scheduling. What is a divorce going to cost me? Can I afford it?
The cost of your divorce is determined on a case by case basis. It is important to look at your legal representation for your divorce as an investment to protect yourself, your children and your finances in the future. Do I really need to hire an attorney? Hiring an attorney is better than trying to navigate through the divorce process on your own. Although you are not required to have an attorney in South Carolina, it is not a good idea to attempt to handle your divorce by yourself.
The advice and knowledge of an attorney is crucial to protecting your interests in the future. Does South Carolina grant divorces based on marital fault? South Carolina recognizes 1 Adultery, 2 Habitual Drunkenness or Drug Use, 3 Physical Cruelty, and 4 Desertion. Can I get maintenance in South Carolina or will I have to provide maintenance to my spouse? In South Carolina, the following statutory factors in determining whether a party should or should not be awarded spousal support.
C In making an award of alimony or separate maintenance and support, the court must consider and give weight in such proportion as it finds appropriate to all of the following factors: Can I change my name at the time of divorce in South Carolina? You may change your name at the time of divorce. You must request a name change in your pleadings to put the court on notice that it is an issue before the court.
At the time of divorce, you must testify under oath that you are requesting a name change for personal reasons and answer a series of questions that verify that you are not changing your name to avoid criminal charges, bankruptcy, a sex offender registry, etc. An Experienced Divorce Lawyer that you can trust. Charleston Divorce Myths Your friends have good intentions. They have told you what they think are well-established principles of South Carolina divorce law.
Sadly, your well-intentioned friends may be wrong. They may simply be repeating myths about South Carolina divorce law. Some Charleston divorce myths have been repeated so many times that many people think the divorce myths are true. Below you will learn the differences between five Charleston divorce myths and the facts in a Charleston divorce. Charleston, SC Divorce Myth No. I can date before my divorce becomes final.
If you date someone while you are still married — even if you are separated, it can have serious consequences in your Charleston divorce, including: Since you are still married, dating another person may be deemed to be adultery. South Carolina divorce law prohibits a divorce judge from awarding alimony to a person, who has committed adultery. WHAT HAPPENS TO REAL ESTATE WE OWN?
Many married couples own their real property as joint with the right of survivorship. This form of joint ownership normally means that neither spouse can sell the property during the marriage without the consent of the other. Upon divorce, however, unless the parties have written agreement providing for the division of the property, the court has the power to divide the property on equitable principles. This means that the court will take into account many factors when arriving at a fair division, although that does not always mean the property will be divided equally.
The court takes into consideration both spouses' economic and non-economic contributions to property acquired during the marriage. WHAT IS MARITAL PROPERTY? Marital property, if not divided in the "legal separation" agreement, may be divided equitably by the court. WHO OWNS THE HOUSEHOLD GOODS? Household items, such as drapes, carpets, furniture and appliances are generally not titled in either spouse's name.
Unless you can show a different intent, the law treats all such property as being jointly owned and used for the benefit of both spouses, regardless of who actually paid for it. As part of the divorce, the court will consider these things as marital property and distribute them accordingly. WHAT ABOUT BANK ACCOUNTS? No matter whose name is on the account, you are normally both owners of the funds. If one spouse draws all the money out of an account, he or she may have to account to the other for the money, no matter who originally put the funds into the account or if the account is titled in only one name as long as the funds are marital funds and not separate property.
As part of the divorce, the court may consider the bank accounts as marital property and equitably divide the funds, regardless of whose names were on the accounts. WHAT IF I DON"T WANT A DIVORCE?