South Carolina Divorce Lawyers

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When a couple decides to end their marriage, it may be through mutual understanding or on fault grounds. It would be difficult for a divorcing person to understand the complex legal terms. A small mistake made during the divorce proceedings may cost financial as well as emotional loss and stress. Hence, choosing a lawyer expertized in divorced cases is important. The client needs to take appointment with several South Carolina divorce lawyers before finalizing the best suitable divorce lawyers.

Types of alimony a South Carolina divorce lawyer has to handle

Reimbursement alimony:

  • A finite sum is paid either in a single installment or periodically
  • Can be terminated on the death of either spouse or continued cohabitation of the supported spouse or remarriage
  • Cannot be ended or modified upon the basis of change in circumstances

Rehabilitative alimony:

  • A finite sum is paid either in a single installment or periodically
  • Can be terminated on continued cohabitation of the supported spouse or remarriage or death or either spouse or if a specific event occurs in the future
  • Can be modified, if there is change in the ability of the supportive spouse to pay the rehabilitative alimony or the good faith efforts of the supported spouse to become self supporting are exhausted

Lump-sum alimony:

  • A finite sum is paid either in a single installment or periodically over a span of time
  • Can be ended only on death of the supported spouse
  • Cannot be terminated or modified for other reasons

Periodic alimony:

  • Can be terminated on death of either spouse or continued cohabitation of the supported spouse or remarriage
  • Can be ended or modified on the basis of altered circumstances

Grounds of divorce handled by South Carolina divorce lawyer

  • No fault
  • One year separation
  • Habitual drunkenness including drug use
  • Physical cruelty
  • Desertion for a span of 1 year
  • Adultery

Venue of execution of case

In this state, the venue of the execution of the case is decided as follows -

  • In the county, where the defendant lives when the case is filed
  • If the defendant is a non-resident or cannot be found, then in the county where the plaintiff lives is the venue
  • In the county, where the partners last lived as wife and husband. The exception to this rule is that if the plaintiff is a non-resident, then the venue of the execution of the case is the county where the defendant lives

While granting alimony, the court considers the following factors -

  • Standard of living established during the marriage
  • Earning potential and employment history of every spouse
  • Educational background of each spouse
  • Emotional and physical condition of every spouse
  • Age of both spouses
  • Duration of marriage
  • Presence and extent of any support from a previous marriage
  • Tax consequences of each party due to a specific support
  • Fault or marital misconduct of both or either parties
  • Child custody
  • Non-marital and marital properties of the parties
  • Reasonably expected and current needs and expenditures of both spouses
  • Reasonably expected and current earnings of both spouses
  • Any issues which the court thinks are relevant

Out of the above mentioned factors, any single one does not decide whether alimony is to be given. The Court may think that one factor is more important than other. It is in the best interests of the client to obtain legal recommendation whether the factors are applicable in the specific case.

Steps to choose the best divorce attorney:

When you think about hiring a divorce attorney, it is important to select the attorney who is able to understand and provide you best guidance as per the demands of your divorce case.

  1. Research about the best divorce attorneys from online websites, state bar council, and your well-wishers
  2. It is essential to discuss your case with the attorney before hiring them. Hence, take prior appointment with the lawyers and conduct an initial consulting meeting
  3. When you meet the attorney, carry a list of important question that you need to ask them. Do not give any original documents to the attorneys
  4. Never feel ashamed to discuss fees with the lawyer in the initial consultation meeting. It is important to know whether you the attorney's fees are within your budget
  5. Make sure that you read the fee agreement before you sign it and hire the divorce attorney

The South Carolina divorce lawyers need to spend time to understand the complexity of the clients divorce case and understand issues related property division, child custody, alimony, visitation etc.

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