No Fault Divorce
No-Fault Divorce Lawyer in Lexington
What is the Difference Between No-Fault vs. Fault Based Divorce in SC?
Getting a divorce is not as simple as agreeing with your spouse to end the marriage and signing an agreement. The state requires that a divorce must have a filing of initial papers, service of those papers on your spouse, a request for a hearing in Family Court to settle the issues. The hearing may be a temporary hearing or a Final hearing. The courts in our state will only grant you a divorce when you can satisfy one of five grounds. Please call The Farley Law Firm, LLC for a consultation, to determine whether you will be able to file a complaint for divorce immediately, or if further steps are necessary. If you need a Lexington divorce attorney, I am available in my office on Main Street, however, my practice extends to all of the Midlands of South Carolina.
What Are the Grounds for Divorce?
Section 20-3-10 of the South Carolina Code of Laws provides the grounds for divorce.
Fault Based Divorce:
- Adultery
- Desertion for a period of one year
- Physical cruelty
- Habitual drunkenness or drug use
Is SC a No-Fault Divorce State?
In SC, you may choose to file for a no-fault divorce. In order to proceed with a no-fault divorce in South Carolina, the married spouses must have lived apart for the period of at least one year. This means that parties must have lived at seperate residences and not just in seperate rooms of the same residience. Unlike many states, it is not possible to make a simple assertion that the marriage is “irretrievably broken.”
How is Property Divided in a Divorce in South Carolina?
In South Carolina, property is divided in a manner that is fair and equitable to both parties, which may not necessarily be an equal distribution. Due to this, property division can be very complex. What one party considers to be a “fair” distribution may be greatly different from what the other party thinks. Marital property includes any assets which the couple acquired together during the marriage. Typically, marital assets are those which the couple purchased using marital funds. The marital home, vehicles, bank accounts, stock options and even household items are just a few of the assets that may be divided.
Divorce Lawyer Serving the Lexington and the Midlands Area of South Carolina
If you are seeking a no-fault divorce, you can request a temporary hearing in advance to settle issues such as property division, spousal support, child custody and visitation, and child support. Doing so is advisable, as it will give you up to a year to determine how well the arrangements work for you before accepting the final decree of divorce. Having me represent you at the hearing and throughout the divorce process can make a significant difference in the outcome of the situation, as I can advocate for your rights and fight for your personal interests.