Divorce

Divorce Attorney Serving Greenville, SC

Linda C. Hayes with Hayes Law Firm Upstate Attorneys LLC, in Greenville, South Carolina, handles all matters involving divorce and separation. There is no "legal separation" in South Carolina; if you do not have grounds for a divorce, you can file for an "Order of Separate Support and Maintenance." Most people think of this when they refer to a "legal separation." A separation resolves all issues arising out of the marriage except for divorce itself, for example, child-related issues, support issues, and division of property and debt. If you need assistance, please do not hesitate to contact us.

If you are considering getting divorced in Greenville, South Carolina, consider speaking to the Hayes Law Firm Upstate Attorneys, LLC today. While divorce often begins as a personal decision, it is essential to remember that divorce is also a legal decision. Divorce has emotional repercussions, and it also has financial consequences. You must consider your assets, property, and debts as you file for divorce. Your divorce can also impact your family regarding child custody and parenting. The end of a marriage can be a difficult time for everyone involved. You'll need to consider where you will reside, how to divide property, bank accounts, debts, and retirement funds, and develop a parenting plan if you have children. Linda C. Hayes is a divorce lawyer in Greenville, South Carolina, who works closely with families during this challenging time. You don't have to go through this alone. Contact the Hayes Law Firm Upstate Attorneys, LLC at 864-233-3100 to schedule your consultation.

Filing for Divorce in Greenville, South Carolina

To file for divorce in Greenville, South Carolina, you must meet specific requirements and determine your grounds for divorce. For example, you must have been a resident for at least one year before filing for divorce, or if both parties are residents of the state, it is possible to file for divorce if you have lived here for three months. If you are still determining whether you meet the residency requirements, speaking to Linda C. Hayes, a divorce law firm in Greenville, South Carolina, is essential. For example, your case could only be accepted if you file and meet the residency requirements. Our firm can review your residency, determine whether you meet the requirements, and help you understand what you need to do to meet the requirements. Further, there are different residency requirements for other matters: while the court may have jurisdiction over a divorce, it may not have jurisdiction over custody or support issues. These jurisdictional matters can be complex when parties live in different states.

When you file for divorce, you'll also need to decide on the grounds for divorce. There is one "no-fault" ground for divorce and four "fault-based" grounds. The four fault-based grounds for divorce are adultery, desertion for one year, physical cruelty, and habitual drunkenness or drug use. Divorce can be filed on a no-fault basis if both parties have lived apart for one year. While many choose to initiate a no-fault divorce, there are instances where a fault divorce is more appropriate. if you are concerned for the safety of your children, for your security, or other reasons, you may want to seek, an at fault divorce to protect Your rights. Also, adultery, if it can be proven is an automatic bar to Alimony. However, fault-based divorces can involve a costly court battle. It is essential to proceed only if and when appropriate.

If unsure how to proceed with your divorce, consider speaking to Linda C. Hayes, Attorney. Our firm works closely with families to help them protect their rights, financial security, and loved ones during this difficult time. We are here for you.


Can I Receive Alimony After a Divorce in South Carolina?

In addition to dividing assets and debts, some individuals wonder whether they are entitled to alimony. You may be entitled to alimony, depending on your unique circumstances. However, certain instances may bar a person from collecting alimony. For example, adultery may block a person from receiving alimony if it occurs before the divorce or before the formal signing of an agreement. Alimony is designed to keep the supported spouse in the same position as when the marriage was harmonious. If you stay home to care for the children, choose lower-paying work to support a spouse in their career, or if you need time to develop new skills or get additional education to support yourself, alimony can help you.

The court will generally only award as much alimony as is appropriate, and life-long alimony is increasingly rare. Alimony may be paid in one lump sum, in periodic sums for a limited time, or in regular sums paid for a spouse's lifetime. In some cases, other forms of financial support may also be considered. For instance, one person may give up the marital home instead of paying alimony.

What factors will the courts consider when awarding alimony? Generally, the courts consider the length of the marriage, the physical and emotional condition of each person, the employment history of each person, the standard of living enjoyed during the marriage, and both spouses' earnings and expenses. The court may also consider each party's conduct during and before the divorce proceedings. The choices you make after you separate can also affect your future and the amount of alimony you may need to pay. It is crucial to protect yourself if you are seeking alimony or if your spouse is seeking alimony. Contact the Hayes Law Firm Upstate Attorneys, LLC in Greenville, South Carolina, today. Ms. Hayes understands the standards that judges use to determine whether you may be entitled to alimony. We can offer you a realistic understanding of what to expect and can help you fight for your rights.

Who Is the Best Divorce Attorney in Greenville, South Carolina?

The best divorce lawyer in Greenville, South Carolina, is the person who will take the time to offer compassionate and caring counsel to you during this difficult period. You will want to find a lawyer you are comfortable speaking with because you may have to share personal details to support your case. Divorce involves some of the most intimate aspects of our lives. If you are considering getting divorced, you need a law firm in Greenville, South Carolina, that you can trust. Linda C. Hayes, Attorney, offers compassionate counsel to help you divide assets, divide debts, decide on a parenting plan, and seek alimony when appropriate. Our firm can help you understand your rights and assist you every step of the way. Contact Hayes Law Firm Upstate Attorneys, LLC today at 864-233-3100.

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