Family Law

Family Law Lawyer Serving Greenville, SC

Linda Hayes with Hayes Law Firm Upstate Attorneys, LLC in Greenville, South Carolina, is a family lawyer in Greenville, South Carolina, who understands how difficult divorce can be for families and children. Divorce is not just a personal decision a couple makes but also a financial decision that can impact your assets, savings, property, and retirement accounts. It is also a decision that can affect your children’s lives for years. Consequently, if you have children and are getting divorced, you’ll be required to have a clear parenting plan in place for your family outlining your child custody decisions.

Divorce can be a complex process, but you don’t have to go through this process alone. The Hayes Law Firm Upstate Attorneys, LLC is a family law firm in Greenville, South Carolina that will take the time to get to know your family and its unique needs. We can assist you with all family law matters, ranging from child custody and child support to divorce. In addition to practicing in Greenville County, we also practice all over the Upstate, including Pickens, Laurens, Anderson, and Spartanburg Counties, and have since 1993.

Requirements for Divorce in South Carolina

You’ll need to meet several requirements to get divorced in South Carolina. For example, one of the more essential 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, to get divorced in South Carolina, you must have grounds for divorce. There are five possible grounds for divorce in South Carolina, four of these being “fault” based divorce and one being a “no-fault” divorce. It is essential to carefully select your grounds for divorce, as the grounds can impact other aspects of your divorce—from your division of assets to your alimony requirements.

What are the grounds for divorce? Individuals can get divorced on the grounds of adultery, desertion (if your spouse has deserted you for one year), physical cruelty, habitual drunkenness (which includes the use of narcotics), and an application for divorce after both parties have lived apart for one year. When both parties have lived apart for a year, they can also file for a “no-fault” divorce. Filing for a “fault” divorce in South Carolina will require you to have proof that the other party engaged in adultery, physical cruelty, or habitual drunkenness.

Why would one want to file for a “fault” divorce? Individuals may 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 to file. If you wish to protect your children or if your spouse committed an act of adultery, physical violence, or habitually used drugs and alcohol, leading to the breakdown of the marriage. Individuals may choose to file for fault-based divorce because it may increase their chances of receiving child custody and alimony and (at times) may place the innocent spouse in favor of obtaining a better share of the marital assets, depending on the length of marriage, nature, and extent of fault, and other factors.

However, it is always wise to speak to a family lawyer like Linda C. Hayes, an Attorney in Greenville, South Carolina, before filing 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 practical. For example, 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 Linda Hayes, the family lawyer at Hayes Law Firm Upstate Attorneys, LLC in Greenville, South Carolina. We can review your case and circumstances and help you plan a more precise road map. 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. A qualified family law attorney, such as Linda C. Hayes, an Attorney in Greenville, South Carolina, can make an immense difference in your case.

Things to Consider Before Getting Divorced in South Carolina

If you’re considering getting divorced in South Carolina, there are several things you’ll need to consider. Most couples spend years trying to repair their marriages before deciding to file for divorce. If you are considering getting divorced or deciding to get divorced, here are some things to consider.

Collect financial documents. It is vital to have a clear picture of your family’s financial health and situation before you file for divorce.

Speak to the South Carolina family lawyers at the Hayes Law Firm Upstate Attorneys, LLC. The law protects divorcing individuals regarding assets, alimony, and parenting rights. However, if you don’t understand your protections, you may give up too much too soon or give up essential rights during the process.

Decide where you’ll live before the divorce is finalized, and speak to your family law firm about how your choices can impact your rights during and after your divorce.

Set realistic goals for how you’d like your parenting plan to look. In most cases, both parents share custody of the children. Consider your children’s needs, desires, and schedules, and draft a list of things you want and would be willing to negotiate with your spouse.

Contact your family attorney in Greenville, South Carolina, about dividing bank accounts. In some cases, it is wise to separate bank accounts before filing. In some cases, it is not.

Gather family and friends for support. Divorce can shake the very foundations of your family. You’ll need supportive family and friends on your side.

If you are considering getting divorced in Greenville, South Carolina, speak to Linda C. Hayes, an attorney and family lawyer with years of experience helping the people of Greenville and the Upstate. We can assist you with all aspects of your divorce—from parenting plans, division of assets, alimony, and other concerns that arise during divorce. Don’t rush the process and lose out on essential rights. Speak to a family lawyer today. Call Contact Hayes Law Firm Upstate Attorneys, LLC today at
864-233-3100 for a consultation.

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