Greenville Divorce Attorneys
Giving Your Case the Personalized Care it Deserves
In order to get divorced in South Carolina, you’ll need to meet several requirements. For example, one of the more important requirements is the residency requirement. Under South Carolina law, the individual seeking the divorce must have been a resident of South Carolina for at least one year before filing.
Additionally, in order to get divorced in South Carolina, you must have grounds for divorce. There are five possible grounds for divorce in South Carolina, with four of these being “fault” based divorce and one being a “no-fault” divorce.
It is important to select your grounds for divorce with care, as the grounds can impact other aspects of your divorce—from your division of assets to your alimony requirements.
Hayes Law Firm Upstate Attorneys, LLC, is committed to helping clients understand the nuances of the court system during a divorce. Our Greenville divorce attorneys can provide you with options and help you determine which one is right for you.
What Are the Grounds for Divorce?
Individuals can get divorced on the grounds of:
- Desertion (if your spouse has deserted you for one year)
- Physical cruelty
- Habitual drunkenness (which includes the use of narcotics)
- Application for divorce after both parties have lived apart for one year
When both parties have lived apart for a full year, they can also file for a “no-fault” divorce. Filing for “fault” divorce in South Carolina, will require you to have proof that the other party engaged in adultery, physical cruelty, or habitual drunkenness.
Should I File for a “Fault Divorce?"
Individuals may choose to file for a “fault” divorce if they do not wish to wait one year to file for divorce, as is required in a “no fault” divorce. It also does not require you to leave your home in order to file.
Individuals may choose to file for fault-based divorce because it may increase their chances of receiving child custody, alimony, and may place the innocent spouse in favor of receiving a better share of the marital assets, depending on the length of marriage, nature and extent of fault, and other factors. Additionally, It's important to have have proof that the other party engaged in adultery, physical cruelty, or habitual drunkenness to file for “fault” divorce in South Carolina.
Do I Need an Attorney to File for a "Fault Divorce?"
It is always wise to speak to a family lawyer before choosing to file a fault-based divorce. Fault-based divorces can sometimes lead to long and acrimonious court battles. If children are placed in the middle, they too can be affected.
However, there are instances where a fault-based divorce is necessary and effective. For instance, if your ex does drugs and you wish to protect your children and home, or if you fear that your ex may endanger either you or your children, you may want to pursue a fault-based divorce.
If you are considering pursuing a fault-based divorce, speak to our dedicated legal team. We can take the time to review your case, your circumstances, and help you plan a clearer road map forward. Even if you ultimately choose a “no-fault” divorce, you’ll still need to divide assets and debts, and discuss child custody matters with your ex. These issues can become quite complex. Whether your divorce is the result of adultery, physical cruelty, or habitual drunkenness; having a qualified divorce attorney on your side can make an immense difference in your case.
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