Divorce Attorneys in Duncan, SC

While talking to an attorney about any legal issue is always a wise decision, it’s especially important when you’re facing divorce or another type of family law concern. Why? The decisions that you make during a divorce will have a long-term impact on your quality of life. Your choice to give your ex-partner primary custody to keep the peace could permanently limit your time with your children, or your decision to give up your share of the marital assets could leave you financially struggling for the rest of your life.

These aren’t decisions to make lightly, and they aren’t ones to make on your own. With efficient and experienced legal counsel, you can feel confident that you are making the best possible choices for your future. Call Nowell Law Firm at 864-469-2481 to schedule a consultation now.

What Does South Carolina Law Say About Divorce?

Divorce laws vary dramatically from state to state, so make sure you’re familiar with South Carolina law before making any important decisions. You must meet certain residency requirements. Either the person filing must have lived in the state for one year before filing, or both parties must have lived in the state for three months prior to filing.

Most states only recognize no-fault divorce, but South Carolina is one of a few states that does still have fault divorce, which may provide more options during your split. Grounds for a fault-based divorce in South Carolina include adultery, physical cruelty, habitual drunkenness, and abandonment.

It’s important to note that the law only allows for a fault-based divorce based on physical cruelty. While some states do allow fault-based divorce for mental or emotional abuse and cruelty, South Carolina does not. Those who choose no-fault divorce must live separately for at least one year.

Important Decisions to Make During Divorce

The divorce process can be overwhelming. Throughout this process, you’ll make some of the most important choices of your life. Some of the issues our attorneys can help you with include:

• Child custody. This is often a highly contested topic during divorce, especially in adversarial divorces where both parties think they are the best primary parent for the child in question. It’s ideal if both parties can come to a consensus and compromise, based on what is actually best for the child.
• Child support. An initial determination of child support takes into account a variety of factors. While a child support order can be changed down the road, it’s important to remember that you can’t simply request a change because you feel like it—so you should make sure the initial decision suits your child’s needs.
• If your marital situation warrants spousal support, this will be part of the divorce deliberations. Alimony is often awarded when there is a massive income disparity or when one partner has stepped out of the workforce to support the other’s career.
• The division of assets. This may well be the most time-consuming part of your divorce, depending on how long you and your partner were together and how much wealth you accumulated. South Carolina follows the principle of equitable distribution, which means marital assets are divided in a way that is fair—not necessarily in a way that gives each partner half of the assets.

The length of your divorce process depends a lot on how much you and your ex-partner agree on already, how committed both of you are to finishing the process quickly, and the extent to which you are willing to compromise. If your spouse does not want to get divorced or is unwilling to concede in any part of the divorce settlement, you may be in for a fairly long wait. If you both simply want to settle the important issues and move on with your lives, you may be able to reach an agreement in a fairly short timeframe.

In addition to divorce cases and the multitude of topics that come with every divorce, we tackle a range of other family law issues.

Temporary Support

If the divorce process has been initiated but not yet completed, the family court will call for a temporary hearing. While the divorce process plays out, bills must still be paid, children must still have a schedule, and both parties must still be able to meet their basic needs.

The temporary hearing determines who is responsible for marital bills, who lives in the marital home, and who covers other expenses. During this hearing, one party may also be awarded spousal support and child support. These decisions are not permanent but can still have a significant influence on your quality of life while you wait for the divorce to be finalized.

Child Custody and Support

Some of our cases involve parents who have never been married and need a clear parenting plan and child support order. Establishing your rights as a parent allows you to build a relationship with your child and enforce your court-ordered parenting time. We also help clients with establishing child support or requesting a child support modification.

Prenuptial Agreements

Prenuptial agreements allow both parties entering a marriage to protect their assets, as well as anything they may earn during the course of a marriage. While prenuptial agreements often have a bad reputation, they don’t lay the groundwork for divorce. They simply lay out the expectations of what will occur should the unexpected happen.

Enforcement of Divorce Agreements

Perhaps you have a divorce agreement that was hard-won through negotiations and time in court. But even with a divorce agreement in hand, you aren’t getting what you’re entitled to. Your ex-spouse may be refusing to refinance the home in their name, failing to pay their share of the marital bills, or falling behind on child support. We work to help individuals like you enforce their divorce agreements.

Choose Mark Nowell Law Firm for Your Family Law Needs

No matter what family law concerns are affecting you now, we’re ready to help you navigate them. These issues are incredibly personal and have a p profound impact on your life, so choose an attorney you can trust. Schedule a consultation with Nowell Law Firm now by calling us at 864-469-2481 or reaching out online.