McManaway Law, LLC
More Than A Decade Helping People In Greenville

Divorce Issues

The decision to dissolve your marriage was no doubt a difficult one, so it's natural to approach the legal process with trepidation or to feel defeated before you've even started.

At McManaway Law, LLC, I understand the emotional burden you're carrying and know how important it is to get your divorce resolved on favorable terms with the least amount of added heartache.

As your lawyer, I work closely with you to identify your goals for yourself and your children, I help you focus on a hopeful future and then implement effective strategies to achieve the best results possible.

Important Points About Divorce In South Carolina

To divorce in South Carolina, you must fulfill the residency requirements. If only one spouse is a South Carolina resident, he or she must have lived in the state for one year. If both spouses live in South Carolina, the plaintiff in the divorce action must have resided in the state for at least three months. Other important points include:

  • Grounds for divorce — South Carolina recognizes five grounds for divorce: adultery, desertion for a period of one year, physical cruelty, habitual drunkenness or narcotic addiction, and separation for one year. The couple who has lived separately for one year can apply for a no-fault divorce.

  • Alimony — South Carolina allows either spouse to request a reasonable amount of support. Dependent spouses can ask for pendente lite support during the divorce process, which can even help pay for legal fees. The court considers numerous factors when deciding if, and how much, alimony should be awarded. Alimony can be for ongoing support, to tide a spouse over until he or she can become self-supporting, or to reimburse the spouse for certain spending, such as education expenses, during the marriage. South Carolina law prohibits alimony to a spouse who has committed adultery. Alimony ends when the spouse receiving it remarries or either spouse dies.

  • Child custody and support — Either parent can request custody and support payments, but family court will decide custody issues based on what it determines to be in the best interests of the children. South Carolina's child support guidelines determine basic support based on parental income and the number of children needing support. However, courts can also order parents to cover expenses such as medical care and day care. Parents who can afford it must also settle issues such as private school tuition, college expenses and the cost of enrichment activities.

  • Equitable division of property — In South Carolina, divorcing couples do not split their property 50-50. Rather, each spouse keeps separate property (assets from before the marriage plus inheritances and gifts received during the marriage), and the court divides the marital estate (shared assets and debt) in a way it decides is fair, taking into account numerous factors when determining what property and how much each spouse is entitled to. Couples can take this decision out of the court's hands by negotiating their own property settlement agreement.

Divorce can be simple or complex depending on the number of children you have, their specific needs and the size of your marital estate. Because the courts have so much discretion in deciding so many issues, it's important to have a family law attorney on your side who is determined to protect your rights.

Contact Me Today

If you are contemplating divorce or separation in Greenville or anywhere else in upstate South Carolina, McManaway Law, LLC, is prepared to help. My firm offers very reasonable retainers for divorce cases. To schedule an appointment, call 864-283-6040 or contact my Greenville office online.

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