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Service Category: Divorce

Home Service Category: Divorce

DIVORCE

Divorce can be a very stressful and emotionally draining process. It is likely one of the most difficult decisions you will ever make. If you are considering divorcing your spouse, you should speak with a family law attorney before beginning the process to ensure that you preserve your rights and receive the best outcome for you and your family.

Grounds for Divorce

in South Carolina

There are five grounds for obtaining a divorce in South Carolina. Four are “fault grounds” and one is a “no fault” divorce:

Grounds for divorce in south carolina

Residency Requirements in South Carolina Divorces​

Law Practices

You must satisfy one of the residency requirements before you can file for divorce in South Carolina:

Divorce in South Carolina

In a divorce proceeding, the Court will hear all facts and consider all relevant evidence when making a final ruling on the issues related to child custody, child support, visitation, and property and asset division. So it’s important to present your best case to the Court in an effective manner with the help of an experienced attorney. 

If your case does not meet one of the five grounds for divorce, you can petition the Court for Separate Support and Maintenance, which will give you and your spouse permission to live separately, to divide your marital property and assets, and to determine custody and child support. After one year has passed, then you would be entitled to seek divorce based on one year continuous separation. Note, you do not need to wait for one year if you meet one of the other four grounds for divorce. 

You and your spouse always have the option to forego a lengthy and time consuming trial by signing a marital settlement agreement. Both you and your spouse, whether represented by attorneys or not, can draft an agreement where you are the decision makers in your own case. You decide how to handle the child custody, child support, alimony, divide the property and assets, who shall remain in the marital home, and designate who keeps certain property, etc. Going this route allows you to take control of your own life and make decisions for your family rather than having a Judge decide how you should live your life. It saves you time and a ton of money.

Let us represent you in your divorce proceeding to ensure you preserve your rights and have the best chance of receiving a favorable outcome for you and your family.  We will present you with all options (i.e., settlement agreement, mediation, or trial) and help you to make the best decision for your case. If you would like our assistance, call us today for your case review. 

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Property Division

South Carolina is an “equitable distribution” state. Equitable distribution is the distribution of property and debt obligations used by the Court when dividing marital property during divorce proceedings. It does not mean “equal” division – it means “fair” division. So rather than a strict 50-50 split where each spouse received exactly one-half of the property acquired during the marriage, the doctrine of equitable distribution is used to look at the future financial situation of each spouse after the termination of the marriage. 

The court looks at the length of the marriage, the ages and health of each spouse, the amount of non-marital property, and any fault that may have affected the marital resources. Additionally, the court may consider the spouse’s need for additional training or education, retirement benefits, debts or liens on the marital property, whether any alimony is due, and potential tax consequences. 

Whether your marital property involves real estate, professional businesses, retirement plans, or other forms of property, let us put our knowledge and expertise to use in helping to resolve these marital property division matters. 

Marital vs. Separate Property

Marital property is property acquired or earned during the marriage, regardless of title. 

Separate property is property that either belonged only to one spouse before marriage or was acquired after the filing for divorce. Among other things, it could include some property given only to one spouse during the marriage.  

In South Carolina, separate property remains the property of the spouse who owned it before or during the marriage.

Real vs. Personal Property

Property is either marital or separate, and it includes assets and liabilities.

The most common types of property divided at divorce are real property like the family home, personal property like jewelry, and intangible property like income, dividends, and benefits.

All debts must be divided as well.

Valuing and Dividing Property

The court classifies assets and liabilities, property and debt, as marital or separate. Then it assigns a monetary value to the marital property and debt. Finally it distributes the marital assets between the two parties in an equitable manner.

Once all the property is valued, the court divides it based on a number of factors, including each spouse’s monetary contributions to property and appreciation in the value of the property, income, and the use of non-marital funds for the benefit of the marriage.  

The Marital Home

In South Carolina, the equity in the marital home is often one of the biggest assets the spouses divide. 

The equity is the market value of the house, less any debts or liens against it. Equity is established by determining what the current market value of the home is at the time of separation. Once the spouses agree to a current market value, any debts associated with the property (mortgage, taxes, home equity loans, etc.) are deducted from the market value to arrive at the equity to be divided. 

Normally, making this calculation requires a paid real estate appraisal or a real estate agent can prepare a market analysis for free. 

Pensions and Retirement Accounts

In South Carolina vested pensions are marital property. A pension vests when all the requirements to receive the pension have been met. Unvested pensions are also marital property. Until the pension has vested, the person under whom the pension is maintained has only an expectancy of interest in the pension.

Experts may be retained by the parties or by the courts to determine the value of marital assets if the parties cannot agree. Such experts may include accountants, real estate or business appraisers, or pension valuators. 

The court may include the retirement benefits and plans earned by both spouses as marital assets available for division.