{"id":226,"date":"2020-05-02T22:17:41","date_gmt":"2020-05-02T22:17:41","guid":{"rendered":"https:\/\/theduffy.wpengine.com\/?p=226"},"modified":"2023-10-24T18:53:10","modified_gmt":"2023-10-24T18:53:10","slug":"what-to-expect-when-going-through-a-divorce-in-south-carolina","status":"publish","type":"post","link":"https:\/\/theduffylawfirm.com\/es\/what-to-expect-when-going-through-a-divorce-in-south-carolina\/","title":{"rendered":"What to Expect When Going Through a Legal Separation or Divorce in North Charleston, SC"},"content":{"rendered":"
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Going through a divorce in North Charleston, SC, or coming to the end of a marriage can be difficult emotionally. However, more than emotion, it can be hard financially because in many ways a marriage is a business relationship and contractual relationship. Couples can acquire assets that need to be divided and debts that need to be apportioned. The decisions made early in your separation and\/or divorce can have long lasting consequences and, in some instances where property, other assets, debts, and alimony are concerned, decisions are often permanent. <\/span><\/p>\n

Here at the Duffy Law Firm, LLC, we can help you navigate these difficult questions and help you, and your family, achieve the right outcome. <\/span><\/p>\n

GROUNDS FOR DIVORCE IN NORTH CHARLESTON, SC<\/b><\/span><\/h3>\n

There are 5 grounds for divorce in North Charleston, SC. Irreconcilable differences, mental abuse, and emotional abuse are NOT ONE OF THEM. The Court will not consider or grant divorces on anything other than the grounds listed below. <\/span><\/p>\n

South Carolina Code \u00a7 20-3-10 lists the grounds for divorce as:<\/span><\/p>\n

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  1. Adultery (which can be proven through Motive and Opportunity, but does not include solely emotional affairs);<\/span><\/li>\n
  2. Desertion for a period of one year (abandoning the home and the spouse for one year without their consent). This does not include deployments.; <\/span><\/li>\n
  3. Physical Cruelty (physical abuse-Domestic Violence); <\/span><\/li>\n
  4. Habitual Drunkenness (abuse of alcohol, illegal drugs, and\/or prescription drugs); <\/span><\/li>\n
  5. One Year Continued Separation (living completely separate and apart, and not reinitiating the martial relationship, for more than one year).<\/span><\/li>\n<\/ol>\n

    South Carolina does not allow for a \u2018quickee\u2019 divorce. There are statutory waiting periods that must <\/i>be observed. Please ask our attorneys about how these statutory waiting periods apply to your case. <\/span><\/p>\n

    LEGAL SEPARATION\/SEPARATE SUPPORT AND MAINTENANCE <\/b><\/span><\/h3>\n

    If none of the above grounds for divorce apply to your situation, you may be entitled to file an action for Separate Support and Maintenance. This will allow you to live free of your spouse as if you were unmarried.\u00a0 <\/span>While South Carolina does not recognize \u2018legal separation,\u2019 the legislature created the ability to file for separate support and maintenance to allow for spouses to start the process until they are able to file for a divorce.<\/span><\/p>\n

    At the end of a successfully completed separate support and maintenance action, you and your spouse will have divided your assets, debts, and decided on alimony. If you have children, visitation, custody, and child support will be determined. All that will be left is filing for a divorce after your one year of continuous separation has expired. <\/span><\/p>\n

    GENERAL QUESTIONS & HOW TO COME PREPARED TO YOUR CONSULTATION <\/b><\/span><\/h3>\n

    Questions that you must ask can include<\/span>:<\/span><\/h4>\n