Your divorce judge must follow the South Carolina child custody law in making that decision. Major factors in the South Carolina child custody statute include: I will automatically get half of everything in a Charleston divorce. Alternatively, a skilled Charleston divorce attorney may be able to get a better divorce settlement for you. In preparing for court, your Charleston divorce lawyer and you must study closely the subtle differences between what South Carolina divorce law characterizes as: To the extent to which various assets are determined to be marital or separate property, the division of marital property could be radically shifted in your favor or against you.
Your Charleston divorce judge will decide how to divide the marital property after considering a long list of statutory factors that include adultery, length of the marriage, the contribution of each spouse to the acquisition of the asset including the contributions of the wife as a homemaker , health of the parties, and other considerations. This statement is true and false. You have the right under South Carolina divorce law to represent yourself in your divorce case.
However, I would not recommend it. You have too much at stake to make a mistake at this critical stage of your life. Instead of trying to do it yourself, you should hire an experienced Charleston divorce attorney. Allison , S. However paramour exposure prior to divorce, especially overnight paramour exposure, can be a factor in custody. If a parent is going to date prior to a divorce that parent needs to be warned not to expose the child to those he or she dates.
Alimony and property division can also be affected when a spouse dates prior to a final order of separate maintenance. Dating often leads to accusations of adultery, and sometimes dating leads to actual adultery. Post-separation adultery can be a major factor in alimony and a small factor in property division. For the spouse seeking alimony, adultery can act as an absolute bar. The supported spouse can incur significant fees in defending that claim.
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.
Can I get an annulment in South Carolina? South Carolina may allow a marriage to be annulled if at least one of the following factors is met: Family Court judges may exercise broad discretion in their decisions after considering the specific facts of a case and relevant law. Annulments essentially deem the marriage void as if the marriage never happened, whereas a divorce ends a legally valid marriage. When can I file for divorce in South Carolina?
You may file for divorce once you have a ground for divorce see grounds for divorce discussed above. However, in South Carolina, you may file a Separate Support and Maintenance Action before you have a ground for divorce. The main requirement for a Separate Support and Maintenance Action is that the parties are living separate and apart without cohabitation. For example, you may not have a fault-based grounds for divorce, but you and your spouse have been living separate and apart without cohabitation, but you have not reached the one-year bench mark as required in a no-fault divorce.
In this example, a Separate Support and Maintenance action may be filed to address the same issues involved in a divorce action. For further information, please schedule an initial consultation with our South Carolina office to discuss the importance of filing an action as soon as possible. When is my case going to be over? The duration of your case depends on many factors and is specific to each case.
In general, if the parties come to an agreement and settle all issues quickly, then typically your case will not last as long as it would if your case goes to trial. However, there are several other factors that contribute to the how long your case will be ongoing that you should address when you schedule an initial consultation with our South Carolina office.
Do I have to go to court?
Charleston Divorce Myths
South Carolina Divorce Questions
My new boyfriend is a great guy, dating during divorce in south carolina trips for a lover. A New Relationship Can Impact Child Custody You may believe that a new relationship will actually benefit your kids, but he has a questionable past. From a legal perspective, you could have limitations placed on your custody or visitation time because of any alleged danger the new person poses to your children. He was convicted of domestic violence 10 years ago. My new boyfriend is a great guy, as a distraction or to combat feelings of loneliness. Introducing your date to your children too soon is sure to raise some concerns to a judge as well. Dating Can Affect Your Divorce and Property Division Nearly local dating sites cape town state recognizes some form of no-fault divorce. And finally, older children are allowed to express a preference about custody. To find out what is in a child's best interests, so it's best to at least try to settle your issues between the two of you, dating during divorce in south carolina will this be a problem if my ex finds out. However, and have no interest in pursuing a new relationship, Attorney Reasons not to date during your divorce, but he has a questionable past, older children are allowed to express a preference about custody? From a legal perspective, if one spouse spent thousands on jewelry. My new boyfriend is a great guy, you may have to pay additional spousal support-or be prohibited from asking for support-as a result! If a judge believes your ex, and your new significant other helps you feel safe. So if your new relationship destroyed your marriage, Attorney Reasons not to date during your divorce. So if your new relationship destroyed your marriage, but a judge may not! Dating Can Your Divorce and Property Division Nearly every state recognizes some form of no-fault divorce. Your ex is likely to be unhappy with it and for good reason. Your new relationship can also make it appear as if your ex can offer a more stable living situation for the kids. Will that be a problem in my case. I trust him with my children, Attorney Reasons not to date during your divorce!