Divorce in South Carolina

Lexington, South Carolina: Divorce Attorneys

South Carolina is one of the few states in the country that does not allow an immediate no-fault divorce. In order for a married couple to divorce in South Carolina, one or both spouses must have grounds to do so.

If the spouses do not have grounds for a divorce, your divorce lawyer can file an action for Separate and Support in which the Court can address every issue addressed by the Court in an action for divorce except the sole issue of divorce.

Grounds for Divorce in South Carolina

South Carolina law does not allow spouses to divorce each other unless one or more of the following grounds exist: adultery, physical cruelty, desertion or one-year separation.

The Divorce Process

An action for divorce can typically be filed in as little time as one week from our first meeting with a client. The first step after the divorce is filed is a temporary hearing. The point of the temporary hearing is for the judge to make temporary rulings about issues like mortgage payments, child custody, alimony and child support. These rulings are only meant to give the spouses an order to operate under while the divorce is pending.

During the time period between the temporary order and the divorce hearing, your attorney will investigate your spouse's financial assets and moral character, as well as obtain information about the history of the marriage. All of this information is critically important to make strong arguments that the divorce decree should be in your favor — in terms of child support, child custody, alimony and division of the marital property.

Action for Separate Maintenance and Support

If the grounds for a divorce do not exist, then the parties cannot fie an action for divorce. However, either of the spouses may take legal action known as an action for separate maintenance and support during that time to any issue that could be raised in an action for divorce like child custody, alimony and child support.

The action for separate support and maintenance is a formal legal proceeding in which decisions are made about all issues. The only way in which this action is different from a divorce is that the spouses do not obtain a final decree of divorce. At such time as the ground for divorce exist after the issue of a separate maintenance and support order, one of the spouses must file an action for divorce. Under this circumstance, the only issue in the divorce action is the granting of a final decree of divorce. The Order issued in the first action is typically merged with the order granting a divorce.

Contact the Law Office of Richard J. Breibart, LLC

If you believe that divorce may be in your future, it is in your best interest to get concrete advice from a law firm with family law experience as soon as possible. We can learn some of the details of your circumstances and give you practical and well-founded advice about how to proceed and what you should expect from the divorce process.

We provide free, in-person consultations, and we may have appointments available in the early mornings, the evenings and on the weekends for your convenience. Call us locally at 803-753-1834 or toll-free at 866-645-8743. Or send us an e-mail for a prompt response.