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Now, the time has come to file for a divorce.
You need to know your legal rights, maintain a strong relationship with your child, and protect your assets.
You need to hire an experienced divorce attorney in Charleston, SC.
Deciding to get a divorce is just the first step in the Isle of Palms divorce process. You will also have to make important decisions regarding alimony, child custody, child support, division of marital property and debts, and many other family law matters.
What Are The Differences Between An Isle of Palms Fault and No-Fault Divorce?
Your next decision will be whether to file for a fault-based Isle of Palms divorce or a no-fault divorce. If your spouse has committed adultery, domestic violence, or is addicted to alcohol or drugs, you may be able to file for a fault-based divorce and get divorced quicker. You should not immediately assume that you qualify for a fault-based divorce. Proving adultery, domestic violence, or drug/alcohol addiction typically requires the assistance of a skilled Charleston, SC divorce lawyer.
If you cannot qualify for a fault-based divorce, you will have to file for a no-fault divorce. Before you can obtain an Isle of Palms no-fault divorce, you and your spouse must live in separate residences for 365 consecutive days.
Waiting 365 days to get a divorce could impose a significant financial hardship on you and cause havoc with children. During the one year waiting period, you should hire a Charleston divorce attorney to file for a SC legal separation (which is technically called “an action for separate maintenance and support”). As part of your Isle of Palms legal separation case, you can ask your family court judge to decide some or all of the issues that would be part of your divorce, including alimony, child custody, child support, division of marital property and debts, and who will pay attorney’s fees for the legal separation case.
The principal advantage of a fault-based divorce is that you do not have to wait one year to get divorced. In addition, if your spouse has committed adultery, your spouse cannot recover alimony. Further, if the behavior of your spouse caused the breakdown of your marriage, your Charleston divorce attorney may be able to persuade your judge to give you a larger portion of the marital assets.
Other Questions That You Should Consider In An Isle of Palms Divorce
You will be facing many complex family law issues as part of your Isle of Palms Divorce. Here are some of the more important SC divorce questions that you should discuss with an experienced divorce lawyer in Charleston, SC.
- If you have a child, who will have legal custody to make major decisions for your child? And, what child parenting plan will be adopted to allow for child visitation? For answers to these and other child custody question, you should read the Charleston Child Custody Guide.
- If you have a child: (a) Who will have to pay child support? (b) How much child support will be paid? and (c) For how long will the child support have to be paid? By reading the Charleston Child Support Guide, you will be better informed on this topic.
- Will you receive or have to pay alimony? If so, how much and for how long? Additional information regarding SC alimony, can be found in the Charleston Alimony Guide.
- How will your marital assets be divided up? The marital assets may include your pension, business, investments, and home, to name a few. For information on the division of your marital property and debts, you should read “Protecting Your Assets in a Charleston Divorce” and “Critical Factors in a High Net Worth Divorce.”
- What are the common mistakes that you want to avoid as part of your Isle of Palms divorce? By reading “How to Avoid Common Tactical Mistakes in Your Charleston Divorce,” you can significantly increase the likelihood of a successful outcome in your divorce.
- Finally, you are probably wondering which Charleston, SC divorce attorney you should hire to represent you. By reading “How to Choose the Right Charleston Divorce Lawyer”, you will learn the answers to 5 key questions that you should ask in choosing your Charleston divorce attorney.
There are many more SC divorce questions for which you will need answers. Each of those divorce questions is complicated and the answers will depend on your unique circumstances.
HELP FOR YOU
Divorce happens to good people. I am here to protect your rights and save your assets in your Isle of Palms, SC divorce.
As an experienced Charleston divorce and marital property division lawyer, I can answer your South Carolina divorce and legal separation questions. To speak directly with me, please call me now at 843-800-2928.
Alternatively, please use the contact form to ask me any questions that you may have regarding your Isle of Palms divorce or legal separation case. I will be quick to respond.
Your divorce matters. Working together, we will build a better future for you and your children.