Divorce Attorneys in Summerville

When to Contact a Divorce Attorney

Reach out now if you:

• Need a low-stress, no-fault divorce, where the parties have already agreed to terms
• Are facing a tough fight over marital assets and require a strategic approach
• Are dealing with complex questions over child custody, child support, or alimony
• Have intricate legal issues that could affect the terms of your divorce decree
• Are divorcing an abusive or uncooperative spouse and need protective measures

If you are considering separation or divorce and have questions about what you need to do to protect yourself and your children, contact us online or call (843) 891-6100 today.

We will:

• Meet with you to learn about your situation and find out what your goals are in your case
• Investigate your case to gather the evidence and testimony you will need to prove fault-based grounds for divorce, when appropriate
• Collect necessary evidence to persuade the court that child support should be ordered, your spouse should pay alimony, you are entitled to certain marital assets, or you should have custody of the children
• File any required pleadings or motions with the court
• Negotiate with the child's other parent or their attorney to reach an agreement as to the terms of your divorce
• Represent you in court when an agreement cannot be reached and strive for a just outcome

In addition to the above, we focus on alternative dispute resolution methods such as mediation and collaborative divorce, which can facilitate an amicable settlement outside the courtroom, reducing stress and costs for our clients. Understanding the emotional toll divorce can take, we work to ensure that our clients receive both the legal guidance and emotional support they need throughout the process.

Frequently Asked Questions About Divorce in Summerville

I’m Getting a Divorce. Do I Need an Attorney in Summerville?

No, you aren’t required to have one. If children or marital assets are not involved, then you don’t technically need to have a lawyer. However, retaining a family divorce lawyer Summerville for even the simplest divorce comes with peace of mind and the benefit of not having to figure out what steps you need to take on your own. By hiring an attorney, you’ll avoid any unforeseen blind spots.

In cases that do involve children or marital assets, having a divorce attorney in Summerville is always advisable. These issues complicate a divorce case. You need someone who has experience navigating the situation and can help prepare you for what is to come. A divorce attorney can be a crucial ally in ensuring that your parental and financial rights are protected, and that you're prepared for the legal journey ahead.

There are five grounds for divorce in South Carolina. They are:

• Adultery
• Habitual drunkenness or drug abuse
• Physical cruelty
• Desertion
• No-fault divorce, which requires one year of separation

Are Divorce Records Public in Summerville?

Yes! All court files, motions, pleadings, and orders of the court, along with the final decree, are public records. Essentially, anyone who’s interested can access these documents. However, there are some circumstances where the court can seal records, for instance, if it involves sensitive information. It's important to discuss with your attorney the implications of public records on your privacy.

What Is an Uncontested Divorce?

An uncontested divorce in South Carolina is when the divorcing couple can agree on everything, such as custody, child support, finances, and property. This type of divorce is usually quicker and less costly, providing an efficient route to legal separation. It requires less court intervention, allowing both parties to maintain more control over the process and outcome. While seemingly straightforward, legal counsel from a family divorce lawyer in Summerville remains beneficial to ensure that all legal documents are correctly filed and to prevent future disputes.

What Is Mediation in Divorce, & How Does It Work?

Mediation with respect to divorce is when you and your spouse hire a neutral third party (called a mediator) to meet with you to discuss and resolve divorce issues. Mediation can be less stressful and less expensive than a divorce trial and could be required prior to a trial. Mediators assist both parties in reaching a mutual agreement, focusing on both parties' interests and fostering cooperation. This process not only tends to preserve relationships, which is crucial for effective co-parenting, but also empowers the couple to craft solutions that best fit their family's needs.

Call our divorce attorneys in Summerville at (843) 891-6100 or contact us online today.

Navigating Local Divorce Laws in Summerville

Understanding the local divorce laws specific to Summerville and Charleston County can provide you with a clearer path forward during this challenging time. The state of South Carolina requires that one of the parties must have been a resident of South Carolina for at least one year, or if both parties are residents, then for three months before filing for divorce. Summerville residents must also consider local court processes and timelines, as each county may have different requirements regarding filing and court proceedings.

In the Summerville area, divorce cases are processed in family court, where judges prioritize family welfare, protecting the interests of any children involved. It's crucial to understand that local court judges often encourage mediation and settlement conferences to resolve disputes amicably. Moreover, residents should be aware of the required grounds for divorce recognized by the state, including both fault and no-fault grounds, which must be substantiated with evidence in court. We can guide you through these local specifics to assist you in securing a favorable outcome for your situation.

Understanding Child Custody & Support in Summerville

Child custody and support are often the most contentious aspects of a divorce. In Summerville, the best interests of the child are always the primary concern of the court. South Carolina law recognizes both joint and sole custody arrangements, focusing heavily on factors such as each parent's relationship with the child, each parent's ability to provide a stable environment, and the willingness of each parent to support the child's ongoing relationship with the other parent.

Support payments are calculated using a formula that considers both parents' incomes, the number of children, and the needs of the child, including healthcare and education. It's essential to provide thorough and accurate financial documentation to ensure a fair determination of support obligations. Parents should also be mindful of additional considerations that may arise if they intend to relocate, as this can impact existing custody arrangements and will require court approval. Our Summerville divorce lawyers are adept at navigating these complex issues, offering support and representation to protect your child's well-being throughout the process.