Choosing to speak with a divorce attorney isn’t easy, but it’s a necessary first step to understanding your rights and securing your future. At Gil Gatch Law, our family-first attorneys consider your financial, relational, and emotional needs throughout the marital dissolution and property settlement process. Whether this means engaging in divorce mediation or taking your case to court, our family advocates can help.
South Carolina Fault and No-Fault Divorce Options
Each state handles divorce differently. South Carolina follows relatively traditional divorce laws (SC Code § 20-3-10) requiring married couples to qualify for either a ‘no-fault’ or fault-based divorce on one of the following grounds:
- Living Separate and Apart (No-Fault): One or both parties may qualify to file for divorce if they’ve lived separately and apart (different homes) for at least one year. This is a South Carolina no-fault divorce.
- Adultery: Defined as having sexual intercourse with someone who is not your spouse.
- Desertion: If your spouse abandons you for at least one year without your consent or justification (such as abuse), our domestic relations attorneys can help you file for a fault-based divorce on desertion grounds.
- Physical Cruelty: Defined as significant physical abuse or a series of smaller abuses. Unfortunately, South Carolina does not recognize divorce on emotional or psychological abuse grounds.
- Alcoholism/Drug Addiction: If you experienced emotional abuse and neglect due to alcoholism (habitual drunkenness) or addiction/substance abuse, you may qualify for divorce in Summerville on these grounds.
Although most couples file for a no-fault divorce, it’s not always the best decision if you have grounds for a fault-based divorce. Though these cases may be more acrimonious, they can result in better outcomes for the wronged spouse and children.
Summerville Residency Requirements for Divorce Proceedings
To file for divorce in South Carolina, you and your spouse must have resided in the state for at least three months. If one party does not live in South Carolina, you or your spouse must have lived in the state for at least one year (SC Code § 20-3-30). Notable exceptions can apply for victims of domestic abuse or military members. Generally, Summerville residents must file for divorce in the Family Court of Dorchester County.
Negotiating SC Divorce Settlements through Family Mediation
Most judges require couples to engage in certified divorce mediation. This process allows you to agree on matters including marital property distribution, alimony, attorneys’ fees, co-parenting, and extra child support. However, the court must make child custody and basic child support determinations based on the state’s best interest of the child factors and support guidelines. Working to negotiate certain non-contentious matters now can result in quicker and more productive marital dissolution proceedings.
Established Divorce Attorneys in Summerville, SC
Family law requires legal professionals who care about more than the bottom line. Our compassionate Summerville divorce lawyers work closely with clients to achieve the best possible legal, financial, and emotional outcomes in their cases. Schedule a confidential consultation for marital separation and dissolution with our experienced domestic relations team today by calling (843) 800-2020 or connecting with us online.