Charleston Family Law Attorney
To many, the end of a marriage can feel like the end of life as you’ve always known it. With subjects as important as child custody and support, the division of property accrued over a lifetime, and your financial health, it can feel as if your entire future hinges on each and every detail of a process that is completely foreign to you. While that is rarely true, it is very accurate that for the parties involved the stakes could not be higher. That is why you need an experienced Charleston family law attorney on your side who will not allow an expensive Broad Street lawyer to take advantage of you.
Like many disputes, how you handle matters in the early stages of domestic litigation can have important consequences on how family law cases are ultimately resolved. It is important that you retain counsel sooner rather than later to discuss your specific situation and make several initial determinations, some of which could be critical, like:
- Are there currently grounds for you to obtain a divorce in South Carolina?
- Is moving for temporary relief immediately in your best interest?
- Should you be the party to file for Divorce or Separate Maintenance and Support?
- How can you best place make sure you are taken care of as your case proceeds?
It is important that you obtain the services of a competent family law attorney early to help you answer these and other questions before they are answered for you.
In family disputes, agreement and reasonable compromise is always priority one at Kidd Corvey & Simpson law firm. Compromise, however, cannot come at the expense of your future and your family. You need a team of experienced litigators on your side to ensure that you can navigate this difficult time toward a bright and happy future for you and your family.
Frequently Asked Questions
In South Carolina, before you can be legally divorced, you must establish that there is a legal ground for the Court to grant a divorce. The grounds for divorce in South Carolina are 1) adultery, 2) habitual drunkenness or narcotics abuse, 3) physical cruelty, 4) desertion for one year, or 5) one year’s continuous separation (often called “no-fault” divorce). If you are recently separated, or contemplating separation, you should know that there are several ways to address most domestic issues prior to the running of the full one-year separation. You should speak with a family law attorney as soon as you are seriously contemplating leaving a marital relationship.
Once you have established a ground for divorce, the answer to this question depends largely on the parties. An amenable divorce can be finalized in a matter of weeks and a contested divorce can last years. Which leads to the next important question...
Like the answer above, the answer to this question depends largely on the parties. Are most major issues agreed upon? Are there serious issues, like custody, alimony, and contested property division, that will be disputed? The costs of a divorce vary greatly and depend largely on how long it takes to settle the matter or conclude a divorce trial. Talk very openly to your lawyer about fees and costs in your initial consultation. The two numbers you should most be concerned about is the attorney’s hourly rate and the amount of retainer fee (an initial down payment that goes into trust for billing) he or she requires to get started.
Even divorces with minimal conflict can be complicated. It is a process driven largely by paperwork, some of which can be complicated and foreign to a person not familiar with the family law system. It is important that an experienced advocate review your situation and work independently on your behalf to ensure that you immediate and future rights are secure.
Mediation is a procedure whereby a neutral party (typically an experienced family law attorney) is hired to study the case, hear from both sides, consider their points of view, apply his or her knowledge and experience in the law, and do their best to facilitate an agreement. The process has a high success rate and can spare the parties the expense and emotional difficulty of a trial. In South Carolina nearly all family law matters are subject to mandatory mediation if the parties fail to work out their issues on their own before trial.