Need a Divorce Attorney in Charleston, South Carolina?
If you are considering separation or divorce, or if your spouse has left you, you most likely have many questions that only a divorce lawyer in Charleston can answer.
Your questions may be something like:
- Should I file for divorce first?
- Will I have to pay alimony?
- Will my former spouse pay child support?
- Where will the children live?
We understand firsthand the unique pain and confusion that comes with marital separation and divorce. If you are currently going through this, it’s crucial to remember that you don’t have to face it alone.
The Charleston, SC, divorce attorneys at Seaton & Duncan understand.
We are here to guide you through this process, answer your questions, prepare and file necessary documents if reconciliation is not possible, negotiate on your behalf, and advocate for the protection of your financial interests to help you achieve your goals.
Whether your case requires careful negotiations and a cool head to preserve relationships or aggressive representation to deal with a problematic and unreasonable spouse, we will help you determine the approach your case requires, your goals, and how to achieve those goals.
The divorce lawyers at Seaton & Duncan
care about you, your family, and your case.
When you call our office, we will:
- Meet with you and listen to ensure we understand your situation and what your short-term and long-term goals are;
- Answer your questions about South Carolina divorce law as applied to your circumstances;
- Help you to determine what your goals are and what your options may be to achieve those goals;
- Gather the necessary evidence and testimony to accomplish your goals in court, whether that is a divorce, separation with marital support, financial security, or child custody;
- Assist you in retaining a private investigator or expert witness if needed to gather evidence or prove your claims;
- Negotiate with your former spouse or their attorney, including participation in court-ordered mediation when necessary; and
- Litigate your claims in court as needed when negotiations and mediation fail, including representation at motion hearings and your final divorce hearing.
Worry Free
They are very good at what they do! Go see them today and be worry free!
– Kipp Cavadias
Great Lawyer
Great Lawyer, will definitely use again when needed. Thank You Beau!
– Charles McGee
Wonderful Lawyer
He truly cares about his clients!! A wonderful lawyer!!
– Lamarr Richardson
* The Rules of Professional Conduct require disclosure that this is a “Testimonial” about the attorney. Please be aware that any result achieved on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.
South Carolina Divorce laws
What are the Possible Grounds for Divorce in SC?
To get a divorce in South Carolina, you must prove one of the five statutory grounds for divorce.
The grounds for divorce in SC are found in SC Code Section 20-3-10, and include:
- Adultery,
- Physical cruelty,
- Habitual drunkenness,
- Abandonment, or
- One-year continuous separation (a no-fault divorce).
How Do I Get Alimony in a Divorce?
SC Code Section 20-3-130 lists factors that the court must consider when deciding whether to award alimony and how much alimony to award, including:
- Length of the marriage,
- Education of each spouse,
- Employment history and earning potential of each spouse,
- The standard of living during the marriage,
- Expenses and needs,
- Marital and non-marital properties owned by each,
- Who has custody of the children, and
- Marital misconduct of either party.
How is Child Custody Determined?
If the parties do not reach a child custody agreement through negotiations or mediation, the family court will determine who has custody of the children.
That decision is always guided by “the child’s best interest.”
For example, South Carolina Code § 63-15-230 says the family court must “make the final custody determination in the best interest of the child based upon the evidence presented.”
There is also a list of factors that the court must consider when determining the child’s best interest, contained in South Carolina Code § 63-15-240(B).
How Do I Get Child Support in a SC Divorce?
The SC Child Support Guidelines initially determine whether a custodial parent is awarded child support and how much the non-custodial parent must pay.
SC DSS also offers a convenient online child support calculator for estimating the amount of child support owed.
Finally, there are some situations where the guidelines are insufficient. SC Code Section 63-17-470 contains a list of factors that the court can consider as reasons to deviate from the child support guidelines.
If you’re looking for an experienced divorce attorney
in Charleston, SC, Seaton & Duncan is for you.
At Seaton & Duncan, our divorce attorneys understand the importance of maintaining peaceful relations and minimizing drama to help you and your family through this process.
However, a more assertive approach may be needed to persuade a challenging spouse. When parties cannot agree and have different views on justice, divorce attorneys must litigate, allowing the judge to make final decisions.
With years of experience handling divorces in the Charleston, SC, area, the divorce lawyers at Seaton & Duncan can help you determine what is needed to accomplish your goals and your next steps.
At Seaton & Duncan, we regularly assist our clients with the following:
- “Simple” and uncontested no-fault divorces with minimal assets and no children;
- Complex divorces involving child custody, child support, alimony, distribution of wealth, and family businesses;
- Litigating child custody, child support, property division, and alimony matters in the family court;
- Separation agreements;
- Mediation when negotiations fail; and
- Litigation when mediation fails and as necessary to protect our client’s financial interests and to accomplish our client’s goals.
When you choose our divorce law firm to handle your case, you will receive personal attention directly from your divorce attorney.
We prioritize communication with our clients, answer their questions, and keep them updated on what is happening in their cases throughout the process.
Ready To Speak With An Attorney?
Let’s discuss the details of your case and see if we can help.
COMMON QUESTIONS ABOUT
DIVORCE IN SOUTH CAROLINA
HOW MUCH DOES A DIVORCE LAWYER IN CHARLESTON, SC, COST?
Divorce attorneys usually charge a retainer upfront, then bill the client hourly, asking the client to replenish the retainer as needed.
It can be difficult to estimate the cost of the case at the outset, but it will ultimately be determined by the amount of time necessary to prepare it.
For example, time may be spent in negotiations, legal research, preparing or replying to motions, discovery, preparation for hearings and trial, mediation, or in court for motion hearings or trial.
WHAT IS A “NO-FAULT DIVORCE?”
A “no-fault divorce” is when there are no fault-based grounds for divorce (adultery, abandonment, habitual drunkenness, or physical cruelty).
A “no-fault” divorce is based on one year’s continuous separation. It’s not necessarily a “simple” or “uncontested” divorce unless all issues are resolved, including child custody, child support, alimony, and the division of marital property.
WHAT IS A “COMPLEX” DIVORCE?
A “complex” divorce usually refers to a divorce that will take substantial time to litigate or resolve, including circumstances where there are:
- One or more family businesses,
- Child custody or child support issues,
- A dispute over alimony,
- Substantial assets that must be divided, or
- Any issues that will require significant time and litigation to resolve.
WHAT’S THE DIFFERENCE BETWEEN A DIVORCE AND AN ANNULMENT?
Annulments are rare and require very specific circumstances showing that the marriage was never valid.
For example, if John marries Judy, but John is already married to Suzie and never gets a divorce, Judy can have her marriage to John annulled because it was never valid in the first place.
Divorce, on the other hand, is the dissolution of a valid marriage by a divorce decree.
WHAT IS A LEGAL SEPARATION IN SC?
There is no “legal separation” in South Carolina.
To get a divorce on the grounds of “one-year continuous separation,” you just need to live separate and apart from your spouse for at least one year, and you will need at least one independent witness to corroborate that you have been separated for a year.