Mount Pleasant Divorce Attorneys

Our Mount Pleasant Divorce Lawyers Handle Uncontested and Contested Divorce Cases in Mount Pleasant 

 At The Peck Law Firm, our Mount Pleasant divorce attorneys are knowledgeable, experienced, and solutions-focused advocates for clients. We handle all aspects of divorce cases—from property division to child custody to child support. If you have any questions or concerns about your rights or your options, our team can help. We have put together a guide to divorce in South Carolina that you can rely on. Contact our Mount Pleasant divorce lawyers today for a confidential case review.

Your Divorce Matters: Our Team Gets It

Your world may seem like it is coming apart at the seams. When you said “I do,” you meant it. Unfortunately, that dream is coming to an end. Your head is spinning, and your heart is breaking. Divorce is in your future. And, you need help. Here is a key thing to keep in mind:

• Divorce happens to good people. It’s not something that you planned to happen, but now, everything is on the line. What you do now will affect the rest of your life and the lives of your children, your parents, and many other people. It is imperative that you have a strong, experienced advocate and a family law attorney on your side.

I know. I’ve been there. And, I’ve learned many lessons that I share each day with the people, like you, that we are privileged to serve in Mt. Pleasant and throughout the Lowcountry.

You probably have many questions – legal, financial, and practical. We are here to listen, answer your questions, and help you build a better future for you and your children in Mount Pleasant. We will give you the individual and personalized legal representation that you deserve.

An Overview of Divorce Laws in South Carolina

Are you preparing to end your marriage in Mount Pleasant, Charleston County, or elsewhere in the Lowcountry? If so, you should know that your case is governed by South Carolina state law. Here is an overview of some of the most important things to know about divorce laws in South Carolina: 

• Residency Rule: You can get divorced in South Carolina even if you originally got married and lived in another state. However, you must satisfy the state’s residency requirements (S.C. Code Ann. § 20-3-30). If both spouses live in the state, at least one must have been a resident for three months prior to filing for divorce. However, if only one spouse resides in South Carolina, that spouse must have lived in the state for at least one year. In South Carolina, you cannot just choose which county courthouse you will file your action against your spouse, such as a Complaint for an Order of Separate Maintenance and Support or a Complaint for a Decree of Divorce; you must initiate litigation in the proper county. To that end, you may file for divorce in either the county where you or your spouse last resided as husband and wife. For example, if you and your spouse lived in Mount Pleasant, then you would file for divorce in Charleston County.
• No-Fault Divorce: South Carolina allows parties to file for a divorce without the fault (no-fault)of either party under S.C. Code Ann. § 20-3-10(5) if, and only if, the parties have lived separate and apart from each other for a continuous period of at least one year, or 365 days. Unlike the fault-based grounds to be granted a divorce from your spouse, such as adultery, physical cruelty, desertion for at least one year, or habitual drunkenness, including intoxication caused by the use of a narcotic drug, a no-fault divorce does not require proof of misconduct by a party. However, the satisfaction of the required one-year separation must be proven by either the oral testimony of the party seeking the no-fault divorce or by an Affidavit, as applicable, and supported by a third-party witness who may be called to testify in Court or submit a sworn Affidavit attesting to the period of your physical separation. Opting for a no-fault divorce can help to simplify the process. Most divorces in Mount Pleasant, South Carolina, and the surrounding counties are no-fault divorces.
• Equitable Distribution: In a court proceeding for either the dissolution of your marriage or an Order for Separate Maintenance and Support, you and your spouse will need to agree on who gets to keep what marital property. For many divorcing couples in Mount Pleasant, property division is one of the more challenging, contentious parts of the process, and if an agreement cannot be reached between you and your spouse, either informally or in mediation, the issue of equitable apportionment of your marital estate will be decided by a Judge in the Family Court of South Carolina. South Carolina law provides that marital property shall be equitably apportioned between both parties, meaning there is no definitive percentage allocation to either party. As a result, absent an agreement, the equitable apportionment of your marital property by a Court at a Final Hearing, while deemed fair by the Court, may not result in the equal division of your marital property as in a 50/50. In making a ruling concerning the equitable apportionment of your marital estate (the total of all of your marital property), the Court must consider the totality of the circumstances and consider 15 factors. Some of the key factors considered by a Family Court in the equitable allocation of your marital property may include the duration of the marriage, the value of the marital estate, and the contribution (both economic and non-economic) of each party to the acquisition of the marital property, including the contribution of a spouse as a homemaker, marital misconduct, and child custody arrangements. Notably, the separate or nonmarital property of one party—such as inheritance and pre-marital assets—shall remain with the original owner (party) unless the nonmarital has been commingled to such an extent that the nonmarital property is transmuted into marital property, which means a party’s nonmarital property loses the nonmarital characterization and becomes marital property. As stated herein, the nonmarital property of one party is not subject to equitable allocation by the Court, but the size of one party’s nonmarital estate (the total of your nonmarital property) is a factor to be considered by the Court in the equitable allocation of the marital estate.
• Best Interests of the Child: For parents in Mount Pleasant, divorce can be especially hard if children are involved. If you have minor children, you and your spouse will need to work out a parenting plan, including who can make decisions on behalf of the children, where the children will sleep at night, and how often each parent or both parents will see the minor children. Absent an agreement between you and your spouse, either informally or formally, such as in mediation, at a trial, a Judge of the Family Court of South Carolina shall make a final child custody determination in consideration of the “best interests of the child” standard, pursuant to S.C. Code Ann. § 63-15-240(B). The statute outlines a wide range of different factors that the Court will consider when determining what custodial award is best for your child or children, including each parent’s ability to meet your child’s temperament and developmental needs, the quality of the parent-child relationship with each party, history of domestic violence, and the preference of each child (if he or she is older and mature enough). To be clear, no single factor is determinative. The goal of the application of the best interest standard is to promote the child’s overall welfare—physical, emotional, and developmental.

We Handle All Aspects of Divorce Cases in Mount Pleasant, SC

 Divorce is not just about the paperwork. On the contrary, it is about resolving material family law issues, though the legal process involves significant procedural steps. The legal process—such as how and when to file a complaint for divorce absolutely matters—but more importantly, your divorce should focus on the issues that impact your life. At The Peck Law Firm, our Mount Pleasant divorce lawyers provide comprehensive representation to clients. Among other things, we can help you with: 

• Property Division: South Carolina applies an equitable distribution model to divide marital property during divorce. At The Peck Law Firm, we handle the full range of property division cases, including complex issues, such as the division of business, retirement accounts, and real estate. If you have any questions or concerns about property division, our Mount Pleasant divorce attorney is here to help.
• Spousal Support: Spousal support, also known as alimony, may be awarded in South Carolina based on the financial circumstances of each party. Under state law, the Court evaluates many factors in determining which type of alimony you or your spouse may receive as a result of your marital litigation, including the duration of your marriage, the standard of living established during your marriage, the present and future earning capacity of each party, and marital misconduct. Several types of alimony may be awarded in South Carolina on a temporary or permanent basis: periodic alimony, lump-sum, rehabilitative (not customarily ordered), and reimbursement. Our Mount Pleasant divorce lawyer handles all aspects of spousal support cases.
• Child Custody: In South Carolina, child custody is determined based on the “best interests of the child” standard. Courts may award you and your spouse joint or sole legal and physical custody in South Carolina. In determining the “best interest of the child,” the Court must consider many factors, including the needs of the child and each parent’s capacity to provide for the child’s needs, each parent’s ability to provide for the child’s needs, home stability, and any history of abuse or neglect. Many times, our clients ask if a Judge will ask their child who they would like to live with before a final child custody determination is made. And, while the statute expressly provides that the preference of your child is a factor in determining child custody, that does not necessarily mean that your child will have the opportunity to speak to a Judge to voice their opinion. The preferences of a particular child may only be considered if age and maturity allow. Notably, after the entry of a Final Order in a Family Court case, a Judge may modify the final determination of child custody or parenting time awarded to a party based on a filing of a complaint alleging a substantial and material change in circumstances has occurred since the date the initial case ended. If you have any questions about a current child custody case or modifying your child custody or parenting time, our Mount Pleasant divorce attorneys are here to help and can answer them. 
• Child Support: Child support in South Carolina is calculated according to the Child Support Guidelines established by the Department of Social Services, incorporating factors like parental income, number of children, and custody arrangements. The legal obligation to pay support for a child is governed by state law. Our Mount Pleasant divorce lawyer represents both mothers and fathers in child support cases. If you have any questions about your rights or your responsibilities, we are here as a family law resource.

Our Firm Knows that Most People Want Amicable Solutions

 Divorce is hard. You have probably heard some stories about your friends or family members’ divorces that have been difficult, drawn out, and even nasty. The good news is that marital litigation does not have to be that way. A fair and collaborative agreement that settles all of your most important issues, such as child custody, is often possible. At The Peck Law Firm, we understand that most people do not want a protracted courtroom battle. Instead, you want a fair, respectful, and amicable resolution. You want to be heard. Divorce is profoundly personal and undoubtedly takes an emotional toll on an individual, but for some people, the process can be highly stressful, downright overwhelming, and paralyzing. For that reason, our Mount Pleasant, SC divorce lawyers are focused on helping our clients find amicable solutions that protect their well-being, as well as their children and their financial future, when possible. At the same time, our trial-tested divorce lawyers are always ready to fight aggressively to protect your rights in Court. At The Peck Law Firm, our lawyers have extensive experience in marital litigation, combining more than 50 years of family law practice; we are here to guide you through this life-altering process.

Why Trust Our Mount Pleasant Divorce Attorneys  

At The Peck Law Firm, our sole focus is Family Law. We devote our time exclusively to sharpening our knowledge of South Carolina’s laws regarding alimony, child custody, child support, division of marital property, divorce, prenuptial agreements, and other family law issues. We believe that, by concentrating our practice only on divorce, child custody, and family law, we will be more knowledgeable and better equipped to serve people like you when the need is the greatest. In contrast, other law firms do divorces in addition to cases involving personal injury, criminal law, and business disputes. We are proactive and solutions-focused. Among other things, our Mount Pleasant divorce attorneys are prepared to: 

1. Listen to what you have to say and answer questions about your case;
2. Help you gather and prepare all documents, records, and information;
3. Represent you in any settlement negotiations with your soon-to-be former spouse; and
4. Develop a comprehensive strategy focused on protecting your rights and your interests.

Your Family Means Everything to You

When life starts to break families apart, it can feel like your world is crashing down. As stressful and even frustrating as the breakup of your marriage can be, it is essential to remember that a divorce can actually be a path to a better, more stable future for you and your children. You do not have to take on the divorce process alone. You need an advocate, someone to guide you through the process and reassure you that there is a light at the end of the tunnel, and you need someone to help you determine what is best for your family, emotionally and financially.

 This is why it is good to know that you have an experienced and understanding Mount Pleasant Family Law attorney on your side if things go wrong. At The Peck Law Firm, we are here to help you with your divorce, child custody, or alimony case, as well as the equitable allocation of your marital estate, both small and large. Each one of our attorneys will listen to your concerns, your pain, and your objectives with compassion. We are always prepared to invest our time, resources, and attention in the small details that matter to you. We work for you. Your divorce matters.

 You have everything at stake — and I understand how important that is to you. Losing the cohesion of your family—watching it break apart—is devastating. No one wants to go through that. At the same time, we want you to know that a divorce is by no means the end of the world. Many people have gone through the divorce process before and come out happy, healthier, and more stable in the end. With the right guidance and support, you can set yourself up for a better tomorrow.

Help for You

Please call me now at (843) 631-7117. You will speak directly with me or a member of my staff and answer your questions. There will be no charge for our initial phone consultation, or you can schedule an in-person consultation at your earliest convenience in our Mt. Pleasant office.

We will be glad to meet with you in our Mt. Pleasant office at 622 Johnnie Dodds Blvd. If it is more convenient for you, we can also confer with you at our downtown Charleston office, which is located at 49 Archdale Street, Suite 1-C.

Your future will be determined by the critical decisions that you make in the next few days. Before you take any action regarding your divorce, child custody, alimony, property division, prenuptial agreement, or other family law issue, you should consult with an experienced Mt. Pleasant divorce attorney.

Don’t delay. Call or write me now.

Divorce in Mount Pleasant: Frequently Asked Questions (FAQs)

How Long Do I Have to Live in South Carolina Before Filing for a Divorce?

 Not long. If both you and your spouse live in South Carolina, at least one of you must have been a resident for three months before filing for divorce. If only one spouse lives in the state, that spouse must have resided in South Carolina for at least one year. The residency rules are relaxed for qualifying military members and military spouses.

Is South Carolina a No-Fault Divorce State?

 Yes, but it also allows for a fault-based divorce. Fault grounds include adultery, physical cruelty, habitual drunkenness, including narcotic use, and desertion for more than one year. In South Carolina, a no-fault divorce requires both parties to be separate and apart for at least one continuous year. To be clear, the overwhelming majority of divorces in Mount Pleasant are no-fault divorces. 

Do Both Spouses Have to Agree to Get Divorced?

 Absolutely not. In South Carolina, one spouse can file for divorce even if the other does not agree to a divorce as long as the jurisdictional and legal requirements are met, regardless of whether your divorce case is filed on fault or no-fault grounds. With that said, a contested divorce concerning any particular issue, such as child custody or the defense of fault-based grounds, may involve more time and litigation in Court. Still, you are entitled to a divorce even if one spouse does not want to get divorced at all and/or refuses to cooperate with the process.

What Counts as Marital Property in South Carolina?

 By definition, marital property consists of assets acquired during the marriage, regardless of whose name is on the title. The most common examples of marital property real estate are retirement accounts and retirement benefits accrued incident to your employment, bank and investment accounts, vehicles, family pets, and gifts from the other party. Under South Carolina law, marital property, in totality referred to as the marital estate, must be equitably allocated by a Family Court unless a valid prenuptial agreement states otherwise. Property or money inherited by one party during the marriage is not marital property; instead, an inheritance is deemed the party’s nonmarital property. The size of one party’s nonmarital estate is but one of the factors considered in the equitable apportionment of your marital property. If you have any specific questions about the equitable property division, our Mount Pleasant divorce lawyers are here to help.

Could Marital Misconduct Impact a Divorce Case in Mount Pleasant?

 Yes. Marital misconduct—such as adultery or physical abuse—can absolutely have an impact on your Family Court case, including the award or denial of spousal support or alimony and the equitable allocation of your marital estate. For example, under South Carolina law, a spouse who committed adultery may be statutorily barred from receiving alimony. Misconduct may also influence the Court’s decision on the equitable allocation of marital property.

Can I Get a Legal Separation Instead of a Divorce in South Carolina?

 Technically, no. South Carolina does not formally recognize “legal separation” as a legal status like some other states do. However, spouses may live apart prior to seeking a divorce and request a court-approved Order of Separate Maintenance and Support, which may address issues like child custody, child support, alimony, and property division while the couple remains legally married. To be clear, an Order for Separate Maintenance and Support does not terminate the marriage, and neither spouse will be eligible to remarry.

When Should I Speak to a Mount Pleasant Divorce Attorney?

 The sooner, the better. Divorce is complicated. It is always best to take a proactive approach. You should not hesitate to set up a confidential consultation with an experienced Mount Pleasant divorce lawyer at The Peck Law Firm. Even if you and your spouse are on relatively good terms and are prepared to work out a settlement, one of our attorneys can still be an invaluable resource in ensuring the terms of your agreement are fair and equitable to you.

Contact Our Mount Pleasant Divorce Lawyers Today

 At The Peck Law Firm, our Mount Pleasant divorce attorneys are skilled, experienced, and reliable advocates for clients. We were voted the best divorce law firm in the area for seven consecutive years. If you have any questions or concerns about the divorce process, we are here to help. Contact us today for a confidential, no-obligation initial case review. We provide divorce representation in Mount Pleasant, Charleston County, Dorchester County, and Berkeley County, South Carolina.