SEPARATION FOR ONE YEAR: THE ONLY NO FAULT GROUND FOR SC DIVORCE

What is the ONE LEGAL GROUND FOR SEPARATION IN FORT MILL DIVORCE?

 

LIVING SEPARATE AND APART FOR ONE YEAR

Under South Carolina law, you must establish one of five grounds to obtain a divorce from your spouse. The most common way is on the basis that the spouses have been separated for at least one year. This means living separate and apart. A “corroborating witness” must testify in Family Court that both parties lived separately for the required time. This is the so-called “no fault” ground and allows both parties to end the marriage relatively peaceably. No one accuses either spouse of being at fault. And, there are no ugly permanent findings of adultery or abuse. This path is preferable and is usually the least expensive in terms of legal fees. If possible, this is the goal when couples reach the decision that their marital relationship is over and cannot be reconciled.

What are FAULT GROUNDS?

The other and more difficult grounds for separation and divorce include Adultery, Physical Abuse or Physical Cruelty, Habitual Drunkenness or Habitual Drug Use, and/or Desertion. As reflected in the various descriptions, these grounds involve proof of bad behavior. And you must show very specific facts to get a divorce under these scenarios. Many persons think that alleging fault may help them in an anticipated custody dispute, but this is often not the case. Family court judges are accustomed to false allegations or mere suspicions during a divorce and often require strict proof before finding fault. Your lawyer should avoid alleging facts that cannot be proven. Once your credibility with the court is lost, it is lost forever.

An experienced Fort Mill divorce attorney thoroughly prepares cases before filing a divorce claim based on fault grounds. Experts such as forensic accountants, private investigators, and psychological professionals may be necessary to establish the evidence required to prove your case. This process often takes time and requires substantial legal fees, but you may need it if your spouse “takes the hard road.” We always prefer the most effective and least expensive route, but both parties have to work together. Either way, we are ready to go the distance and do what is necessary.

SEPARATE MAINTENANCE AND SUPPORT

Before seeking a divorce, a person can obtain a legal separation by asking for a Decree of Separate Maintenance and Support. In order to file for divorce or separation in South Carolina, at least one (1) of the parties must have resided in South Carolina for more than one (1) year, or show that both spouses have lived in South Carolina for a minimum of three (3) months. During this initial filing, you will also need to determine if there are other immediate legal issues that need to be brought before the court, such as child custody, support, and visitation as well as temporary alimony. The final divorce decree resolves all marital issues, including property division, child custody, and alimony requests

MANDATORY MEDIATION

In the old days, parties either resolved on their own or had to go to court and let a family court judge decide their case. Now, there is mandatory mediation in South Carolina divorce actions. Here in York County, there are a number of good, qualified mediators that are often effective in getting cases resolved. If needed, we can seek mediators from other parts of the State. For example, Greenville, Columbia, and Charleston. Mediators often help break impasses and encourage compromise for the sake of sanity, children, and legal costs. Both sides have to give up something for mediation to work. However, the short-term sacrifice is usually worth the long-term regain of control over your life. Once lawyers research and prepare a case, mediation often provides the best solution to resolve the issues. Then, you can begin to move forward.

FORT MILL DIVORCE LAWYER: Cody Burgin

Mr. Burgin focuses his legal practice solely on family law. As a result, he is able to give our clients the attention they need and deserve. In addition, he is available when you have issues arise or have questions. So once you decide the marriage is over, our goal is to get to the end as peaceably as possible. And if you hire our firm, that is what we pledge to do. Of course, you can only control your side of the process. But hopefully, your former spouse will follow your lead and avoid unnecessary stress and legal fees.